People v. Leiva
Annotate this CaseCal. Penal Code former section 1202.2(a) provided that the revocation of probation, "summary or otherwise, shall serve to toll the running of the probationary period." At issue in this case was whether, once probation has been summarily revoked, this tolling provision permits a trial court to find a violation of probation and then reinstate or terminate probation based solely on conduct that occurred after the court-imposed period of probation has elapsed. In this case, a three-year probation period was imposed on Defendant in 2000. In 2001, Defendant's probation was summarily revoked based on failure to report. Defendant failed to report or appear in court because he had been deported. The trial court later extended Defendant's probation as of 2007, after the expiration of the original three-year probationary period. In 2009, the court extended Defendant's probation and imposed a prison sentence based on conduct that occurred later in 2009. The court of appeal upheld the trial court's orders. The Supreme Court reversed, holding that section 1203.2(a)'s tolling provision preserves the trial court's authority to adjudicate, in a subsequent formal probation violation hearing, whether the probationer violated probation during, but not after the court-imposed probationary period.
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