California Court of Appeal

In a dispute involving the scope of Penal Code section 1210.12(a), judgment of the trial court holding that the defendant was not in violation of his probation for refusing to wear a GPS monitoring device ordered by his probation officer, is affirmed where a chief probation officer may not order a defendant to wear a GPS device contrary to a court order because to the extent section 1210.12(a) purports to deprive the trial court of authority over the terms and conditions of probation, it violates the separation of powers clause of the State Constitution.

Appellate Information

• Decided 08/02/2011
• Published 08/02/2011

Judges

• GILBERT

Court

• California Court of Appeal

Counsel