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Name: People v. Ornelas
Case #: A165333
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 01/30/2023

When probation has been summarily revoked and then reinstated within the initial probationary term, the trial court has discretion under Penal Code section 1203.2, subdivision (b), to extend probation to account for the time when probation was summarily revoked. Defendant was placed on probation for the maximum statutory term of two years, but his probation was summarily revoked when he failed to report to probation as directed and a bench warrant was issued. While still within defendant’s original two-year probationary term, the trial court reinstated him on probation with a new termination date to account for the days he had been “in warrant status” and his probation had been summarily revoked. On appeal, defendant argued the trial court exceeded its jurisdiction by extending his probation beyond the two-year maximum probationary period authorized by statute. Held: Affirmed. When probation has been summarily revoked and when, at a hearing held during the initial period of probation, a violation has been found, the period of tolling during the summary revocation can be tacked onto the probationary period if probation is reinstated. In moving the termination of defendant’s probation to account for the days in which he had been in warrant status and not under the supervision of a probation officer, the trial court did not increase the term beyond the statutory maximum of two years; instead, the court exercised its discretion to adjust the termination date to provide defendant with the two years of probationary supervision he agreed to in the terms of probation.