People v. Burton, No. A122183
In an appeal from a trial court's order summarily revoking defendant's probation on the basis of a petition charging a violation that the prosecution later failed to prove, the order is affirmed where, once the expiration of a probation period is tolled, then as long as a probationer is found to have committed some probation violation during the probation period, as charged in a petition filed during the probation period, the trial court retains jurisdiction to revoke probation after the expiration of the probation term, even if the tolling was based on a violation the prosecution did not ultimately prove.
Filed August 31, 2009
Opinion by Judge Ruvolo
Counsel for Appellant: Rachel Lederman
Counsel for Respondent: Edmund G. Brown Jr. Attorney General of California, Gerald A. Engler Senior Assistant Attorney General, Stan Helfman Supervising Deputy Attorney General, John R. Vance, Jr. Deputy Attorney General