Error and/or relief
Though the trial court had summarily revoked probation prior to its expiration, for deserting probation, the trial court lacked the authority to find that the defendant violated probation based on his arrest for an offense that allegedly occurred in 2024, after his probation period expired in 2023. That matter is remanded for the court to determine whether there were grounds for revocation based on conduct occurring before probation expired.
Holding:
Summary revocation of probation preserves the trial court’s authority to adjudicate a claim that the defendant violated a condition of probation during the probationary period. A trial court can find a violation of probation and then reinstate and extend the terms of probation if, and only if, probation is reinstated based upon a violation that occurred during the unextended period of probation.
Authority:
People v. Leiva (2013) 56 Cal.4th 498, 515-516