People v. Tapia

California Court of Appeal Aug 14, 2001 No. B146305Published

Before: Miriam A. Vogel

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Holding. A trial court lacks jurisdiction to extend a term of probation based on a summary revocation if the prosecution fails to prove or the defendant fails to admit that a violation occurred during the original probationary period.

Issues

Whether a trial court retains jurisdiction to extend probation when a summary revocation is based on an unproven violation.
Whether a summary revocation tolls the probationary period if no violation is subsequently proven to have occurred during the original term.

Disposition. reversed

Quotations verified verbatim against the opinion

“a summary revocation of probation suspends the running of the probation period and permits extension of the term of probation if, and only if, probation is reinstated based upon a violation that occurred during the unextended period of probation.”

“When the court finds there has been no violation during the period of probation, there is no need for further jurisdiction.”

“it is clear that a summary revocation of probation suspends the running of the probation period and permits extension of the term of probation if, and only if, probation is reinstated based upon a violation that occurred during the unextended period”

Opinion

VOGEL (MIRIAM A.), J.

In July 1996,

Carlos R. Tapia pled guilty to one count of robbery. A three-year state prison sentence was imposed and

[740]

suspended, and “formal” probation was granted for a term of three years (which meant it would expire on

July 10, 1999).

Tapia was ordered to spend one year in jail, then to report to the probation department “within 24 hours of [his] release”; if he left the Country, he was not to re-enter illegally; if he did return, he was “to report to the probation officer within 24 hours of [his] return and present documentation that [he was] in the Country legally

Upon his release from custody in

late 1996,

Tapia was deported to Mexico. In

March 1997,

when the trial court was informed that Tapia had failed to report to the probation department, his probation was summarily revoked and a bench warrant was issued. Tapia was arrested when he returned to California in

September 2000,

and a probation violation hearing was held in November 2000. Tapia admitted that he “did not report to [his] probation officer when [he] returned to the United States” in September 2000, and that he “did not, when [he] came back to the United States, show proof that [he was] in the United States legally to [his] probation officer.” No evidence was taken. Based solely on Tapia’s admissions, the trial court found a violation, revoked probation, then reinstated probation and extended it to March 21, 2003. Tapia appeals, contending the trial court had no jurisdiction to extend the term of probation. We agree, and therefore reverse.

Discussion

Although Tapia’s probation was summarily revoked based upon his failure to report to his probation officer when he was released from custody in late 1996, that is not the violation he admitted at the formal probation revocation hearing. All he “admitted” was that he did not report to the probation department when he returned to the United States in September 2000, and that he did not at that time present proof that his reentry was legal.

People v. Tapia

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VOGEL (MIRIAM A.), J.

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