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Name: People v. Tapia
Case #: B146305
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 08/14/2001
Subsequent History: Rehearing Denied September 5, 2001. Review Denied December 12, 2001
Summary

Appellant Tapia was sentenced to three years probation in July of 1996. As a condition of probation, he was ordered not to re-enter the country illegally, and if he did return, to report to probation within 24 hours of his return and present documentation. Later that year, he was deported to Mexico. In September, 2000, Tapia returned to California and was arrested. At a probation violation hearing, his probation was revoked and reinstated until 2003. Here, the appellate court reversed. The trial court had no jurisdiction to extend the term of probation. The probation term expired in July, 1999, before Tapia’s reentry into the United States. Therefore, the order finding him in violation was void, and he was entitled to an order discharging him from probation.