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People v. Burton, No. A122183

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By FindLaw Staff on September 01, 2009 3:51 PM

In an appeal from the 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.

Read People v. Burton, No. A122183

Appellate Information

Filed August 31, 2009

Judges

Opinion by Judge Richman

Counsel

For Appellant:

Rachel Lederman

For Respondent:

Stan Helfman, Supervising Deputy Attorney General, San Francisco, CA

John R. Vance, Jr., Deputy Attorney General, San Francisco, CA

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