People v. Yarter
Docket: Crim. 5484
Court: California Court of Appeal; January 30, 1956; California; State Appellate Court
In the case of The People v. Hildreth Clair Yarter et al., the appellant, Rodger F. Brenon, was charged with abortion and conspiracy to commit abortion. He pleaded not guilty to abortion but guilty to conspiracy, resulting in probation with specific conditions, including a year in county jail and restrictions on further abortion activities. After serving his jail time, Brenon was later convicted of second-degree murder related to an abortion attempt and sentenced to state prison. Following this conviction, a hearing was held on his probation violation, leading to the revocation of his probation and additional imprisonment. Brenon appealed the revocation, arguing that the trial court abused its discretion since the murder conviction was allegedly contrary to law and evidence. However, the court found that the evidence supporting the murder conviction was legally sufficient and determined there was no abuse of discretion in revoking probation, as the probation officer's report was considered during the proceedings. Ultimately, the appeal from the judgment of probation revocation was upheld, as the revocation order was deemed nonappealable prior to judgment. A report made under Penal Code section 1203 is presumed to comply with legal requirements, suggesting that the officer investigated the crime's circumstances and the defendant's prior history, as mandated by law. This presumption stands unchallenged by any counter-evidence. Probation can be revoked based solely on the probation officer's report, as established in *In re Levi*. The case of *People v. Robinson* serves as a pertinent precedent, where the Supreme Court affirmed a probation revocation based on a defendant's guilty verdict for conspiracy, despite the appeal status of the conviction. The court concluded that the conviction justified the trial court's finding of the defendant's criminal conduct in violation of probation terms. Consequently, the appeal against the probation revocation was dismissed, and the judgment was upheld.