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Name: People v. Salas
Case #: B237003
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/31/2012
Subsequent History: Review granted 1/30/13: S207040

Under Penal Code section 1203.2, subdivision (a), revocation of probation tolls the running of time in the period of probation and the tolling does not end when the original probationary period expires. In 2005, the trial court suspended execution of appellant’s four-year prison sentence for a robbery and granted appellant five years’ probation. After appellant’s involuntary deportation to Guatemala, probation was summarily revoked in 2006 as a result of appellant’s failure to report to the probation officer and to comply with other probation conditions. Appellant returned to the U.S. and was convicted of a 2011 assault. At a probation revocation hearing following appellant’s conviction, the court found that he violated probation based on the new case and executed the four-year sentence. Affirmed. Under the plain meaning of section 1203.2, subdivision (a), the trial court’s summary revocation in 2006 tolled the running of appellant’s probationary period until the court either reinstated probation, executed sentence, or discharged appellant from probation. As a result, his probationary term had not expired in 2011 when he was brought back to court. The court rejected appellant’s argument, based on a narrow interpretation of the tolling provision in People v. Tapia (2001) 91 Cal.App.4th 738, that his probationary term expired before the 2011 case because he did not wilfully violate probation as he was deported and incapable of reporting. If the Legislature had intended to limit the tolling mandated by section 1203.2, subdivision (a) so that tolling ended upon expiration of the original probationary period, unless a finding was made that a wilful violation occurred before then, it could have said so.