P. v. Neubauer CA3
Defendant Nikolas James Neubauer was granted formal probation after pleading no contest to a domestic violence offense. The court subsequently revoked probation and sentenced defendant to serve three years in state prison after finding he had violated a condition of probation requiring him to successfully complete a batterer’s treatment program and not terminate participation in the program without the court’s or his probation officer’s permission.
On appeal, defendant contends insufficient evidence supports the trial court’s finding that he willfully violated the terms of his probation because he was in custody on two of the four program days he missed, which he argues were excused absences that were not his fault. We conclude sufficient evidence supports the trial court’s finding defendant willfully violated the terms of his probation. Consequently, it did not abuse its discretion in revoking probation. We affirm.
Comments on P. v. Neubauer CA3