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Name: People v. Leiva
Case #: S192176
Court: CA Supreme Court
District CalSup
Opinion Date: 04/08/2013

Once probation is summarily revoked, the tolling provision permits a court to find a violation of probation based only on conduct that occurred during the court-imposed probationary period, but not for conduct occurring after this period has elapsed. Appellant was granted three years probation, to expire on April 11, 2003. On the day he was released from jail, he was deported to El Salvador and failed to report to the probation department, which was a condition of his probation. The court summarily revoked probation and issued a bench warrant for appellant’s arrest. In 2009, appellant’s formal probation violation hearing was held after he was arrested. The court found that appellant had violated his probation in 2007 when he failed to report to probation following his return to the United States and reinstated appellant on probation, extending it until 2011. Appellant was again deported in 2009 and the court again summarily revoked probation based on failure to report. At a formal probation violation hearing after appellant returned to California, the court found that appellant violated probation by reentering the country illegally in 2009 and sentenced appellant to prison. On appeal, appellant argued that the trial court erred by finding a violation of probation based on conduct that had occurred after his original three-year probationary period expired. The Supreme Court reversed the judgments of the Court of Appeal upholding the trial court’s orders. Penal Code section 1203.2, subdivision (a) permits the court to summarily revoke probation at any time during the term of probation if it believes defendant has violated probation. A summary revocation serves to toll the running of the period of supervision. Applying rules of statutory construction, the Supreme Court analyzed of the legislative history of the tolling provision of section 1203.2, subdivision (a) and concluded that, once probation is summarily revoked, a trial court retains the authority to adjudicate a claim that a defendant violated a term of probation during the court-imposed period of probation. As a result, the formal probation violation hearing may be held after the probationary period has expired. In this situation, however, a finding that the defendant violated probation cannot be based on conduct that occurred after the probationary term expired. Here, because the initial grant of probation terminated on April 11, 2003, the court could not consider conduct that occurred after that date.