People v. Ornelas
Annotate this Case
Ornelas pled no contest to a felony count of offering to give away a controlled substance, conditioned on two years of felony probation. A few months after being placed on probation, Ornelas failed to report as directed. His probation was summarily revoked, and a bench warrant was issued for his arrest. He was eventually arrested and admitted to violating his probation. In April 2022—within his original two-year probationary term—the trial court reinstated him on probation, but with a new termination date in November 2023 to account for the days he had been “in warrant status” and his probation had been summarily revoked.
The court of appeal affirmed, rejecting Ornelas’s argument that the trial court exceeded its jurisdiction by extending his probation to a date beyond the two-year maximum probationary period authorized by statute. When probation is summarily revoked and then reinstated within the initial probationary term, the trial court has the discretion to extend probation to account for the time when probation was summarily revoked so long as the total period of probationary supervision does not exceed the statutory maximum. Even with the extension, Ornelas’s term of probation, not including the time he was on warrant status and his probation was summarily revoked, is less than two years.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.