P. v. Cortez CA1/2
Defendant Juan Perez Cortez appeals from the trial court’s order revoking his probation. Defendant argues the trial court erred by revoking his probation in the absence of any evidence that he willfully violated his probation. The People respond that the prosecution was not required to show defendant acted willfully because defendant’s probation violation—his failure to successfully complete drug court—frustrated the assumptions underlying the grant of probation to him in the first place. We conclude that even if the People were correct about the law—which we do not decide here—they did not present any evidence that defendant’s violation frustrated the assumptions underlying the grant of probation. Therefore, we must reverse.
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