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Name: People v. Burton
Case #: A122183
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 08/31/2009
Summary

The trial court retained jurisdiction to revoke probation after expiration of the probation term. The trial court summarily revoked Burton’s probation on the basis of a violation that the prosecution later failed to prove. While the first petition was pending, Burton was charged with a second violation. After his probation term expired, the trial court found that he had committed the second violation and imposed his previously stayed prison sentence. On appeal, Burton contended that the trial court did not have jurisdiction to revoke his probation because the first probation violation was unproved and therefore did not toll his probation period. The appellate court rejected the argument, finding that once the expiration of the probation period is tolled, as long as some probation violation is proved on a petition which is filed during the probation period, the trial court retains jurisdiction to revoke probation after the expiration of the term. Here, the trial court’s summary revocation of probation in response to the first petition preserved the court’s jurisdiction to revoke Burton’s probation based on any violation committed during the probationary period, including violations not charged in the original petition.