California Court of Appeal

The trial court's order reinstating and extending defendant's probation is reversed and remanded, where the trial court lacked jurisdiction to reinstate defendant's probation because: 1) no formal probation violation hearing was held and the alleged violation never was adjudicated; and 2) permitting courts to summarily revoke a probationer's probation and later reinstate it (without finding a violation) such that it runs beyond the maximum term would be contrary to statutes that authorize the courts to grant probation for a period not to exceed a specified time, here, five years.

Appellate Information

• Decided 12/12/2013
• Published 12/12/2013

Judges

• PREMO

Court

• California Court of Appeal

Counsel