P. v. Gray CA2/7
Following his arrest on a felony charge of committing domestic violence and a probation violation hearing, Lawrence Gray, Jr.’s probation was terminated; and he was ordered to serve a previously imposed five-year state prison sentence for possession of a controlled substance for sale. On appeal Gray contends, and the Attorney General agrees, it was error for the court to terminate his probation without first ordering and reviewing a current probation report. Gray argues the error requires automatic reversal and remand for a new probation hearing and, in any event, under the circumstances here the error cannot be considered harmless. The Attorney General, on the other hand, argues failing to obtain a current probation report was harmless in this case. We affirm.
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