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Name: People v. Hernandez (2023) 93 Cal.App.5th 1
Case #: B315243
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/22/2023
Subsequent History: Ordered published 7/3/2023

Original trial court retained jurisdiction over motion to withdraw plea filed by a former probationer whose probation had been transferred from the county of conviction to his county of permanent residence. The supervision of defendant’s probation was transferred from the county of conviction to the county of his permanent residence pursuant to Penal Code section 1203.9. Following the completion of his probationary sentence, defendant filed a motion to vacate his plea (Pen. Code, § 1473.7) in the receiving county. The trial court concluded that it lacked jurisdiction to hear the motion. Defendant appealed. Held: Affirmed. Section 1203.9 authorizes the transfer of probation to the county in which a person permanently resides for the duration of the probationary period. The receiving county “shall have full jurisdiction over the matter upon transfer,” with some exceptions related to the collection of fines and fees. After analyzing section 1203.9 and its legislative history, the Court of Appeal concluded that the statute was enacted to “effectuate more streamlined and effective supervision of probationers,” and “not intended to disempower the sentencing court from all post-sentencing issues . . . .” “Once probation supervision terminates, jurisdiction under section 1203.9 should end as well.” Additionally, given the nature of section 1473.7 motions, judicial economy and equity is fostered by filing in the county of conviction.