California Court of Appeal

Based on an allegation that defendant had willfully not paid victim restitution, the superior court revoked her probation while monitoring her restitution payments, then reinstated probation and extended it through July 15, 2015, thereby subjecting defendant to probation terms for eleven and a half years on a felony whose maximum sentence is three years. The order reinstating probation is reversed, where: 1) such practice is unauthorized by the probation statutes; 2) defendant is entitled to challenge the unlawful extension of her revoked status; and 3) defendant is not estopped by years long acquiescence from challenging the extension of her probationary status.

Appellate Information

• Decided 09/17/2014
• Published 09/17/2014

Judges

• Grover

Court

• California Court of Appeal

Counsel