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Name: People v. Murray
Case #: F051547
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/14/2007

The trial court lacked jurisdiction to impose a previously suspended sentence where the petition to revoke probation was filed more than 30 days after notice was received of appellant’s subsequent commitment to state prison. Appellant was sentenced in Fresno to five years probation with a seven-year sentence suspended for possession of methamphetamine. In April, 2005, he was convicted of possessing methamphetamine in Los Angeles and sentenced to 16 months in prison. The Department of Corrections sent a letter on September 14, 2005, notifying the Fresno probation officer of appellant’s prison commitment. In January, 2006, the Fresno Court lifted the stay of appellant’s previously suspended sentence and imposed a six-year prison term. The appellate court reversed, vacated the prison sentence, and reinstated the original sentence of probation with execution of the sentence suspended. Penal Code section 1203.2a gives the probation officer 30 days from receiving notice of a defendant’s subsequent commitment to notify the probation granting court before divesting the court of jurisdiction. Therefore, the petition to revoke probation was filed beyond the 30-day period, divesting the Fresno court of jurisdiction to lift appellant’s previously suspended sentence.