California Court of Appeal

In an appeal from a trial court's order summarily revoking defendant's probation on the basis of a petition charging a violation that the prosecution later failed to prove, the order is affirmed where, once the expiration of a probation period is tolled, then as long as a probationer is found to have committed some probation violation during the probation period, as charged in a petition filed during the probation period, the trial court retains jurisdiction to revoke probation after the expiration of the probation term, even if the tolling was based on a violation the prosecution did not ultimately prove.

Appellate Information

• Decided 09/01/2009
• Published 09/01/2009

Judges

• RUVOLO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Rachel Lederman, for Appellant.


• For Appellees:
  
• Edmund G. Brown Jr., Attorney General of California, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, John R. Vance, Jr., Deputy Attorney General, for Respondent.