In In re Marcus A. (2001) 91 Cal.App.4th 423, the court found the alleged probation violations were criminal in nature and had occurred after the effective passage of Proposition 211. Consequently, the prosecution was not permitted to initiate proceedings under section 777. (In re Marcus A., supra, 91 Cal.App.4th at page 427.) The People conceded they had committed an error by initiating proceedings under section 777. (In re Marcus A., supra, 91 Cal.App.4th at page 426.) Accordingly, it was necessary to prove the alleged violation beyond a reasonable doubt in order to satisfy due process.