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Name: People v. Jackson
Case #: B180087
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 12/08/2005

Appellant was granted probation with conditions including restitution. Three years later, her probation was summarily revoked for desertion. She admitted the violation, and the trial court reinstated probation. Just prior to the expiration of the five-year probation period, appellant was again found in violation of probation. The trial court revoked probation for a second time, and extended the probation period another five years. On appeal, appellant argued that there was insufficient evidence to support the probation violation. The appellate court rejected the argument, finding that there was ample evidence that appellant had neither paid the full amount of restitution nor the minimum required monthly payment. However, the trial court improperly extended appellant’s probation for an additional five years. Appellant had already spent about two and a half years longer on probation than the maximum allowable statutory probation period. Penal Code section 1203.2(e)does not authorize the extension of probation, only applies where the probation revocation occurs after the probationary period expires. Remand was required to allow the trial court to determine whether to convert the restitution order to a civil judgment.