PEOPLE v. LEIVA

No. S192176.

56 Cal.4th 498 (2013)

154 Cal. Rptr. 3d 634

297 P.3d 870

THE PEOPLE, Plaintiff and Respondent, v. JOSE LEIVA, Defendant and Appellant.

Supreme Court of California.

April 8, 2013.


Attorney(s) appearing for the Case

Eric R. Larson , under appointment by the Supreme Court, and Meredith J. Watts , under appointment by the Court of Appeal, for Defendant and Appellant.

Michael P. Judge , Public Defender, Albert J. Menaster and Karen Nash , Deputy Public Defenders, for the Public Defender of Los Angeles County as Amicus Curiae on behalf of Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka and Lance E. Winters , Assistant Attorneys General, Stephanie A. Miyoshi , Kenneth C. Byrne , David C. Cook and Idan Ivri , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CHIN, J.

At the relevant times, Penal Code former section 1203.2, subdivision (a) (as amended by Stats. 1989, ch. 1319, § 1, p. 5305),1 provided, in part, that the revocation of probation, "summary or otherwise, shall serve to toll the running of the probationary period." We granted review to resolve whether, once probation has been summarily...

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