P. v. Smith CA4/1
The probation department sought to revoke Smith’s PRCS based on several alleged violations. Following an evidentiary hearing, the court found Smith had failed to obey laws and had contact with and annoyed and harassed the victim, his former girlfriend.
The testimony offered at the evidentiary hearing is well summarized in the appellant’s opening brief. We will incorporate the summary here for background information.
“According to testimony presented in the contested hearing, at approximately 1:00 p.m. on December 26, 2021, [F.N.] saw a man assaulting a woman in a Pep Boys parking lot adjacent to Imperial Avenue in El Centro. [F.N.] saw the man kick the woman twice, punch her twice, and swing a bag at her.
“El Centro Police Department (ECPD) officer Omar Mandujano arrived at the scene shortly thereafter. He identified the female victim as A.D. A.D., upset and crying, had redness and swelling on her right arm and side.
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