Does section 1050 of the California Penal Code apply to a probation revocation hearing?

California, United States of America


The following excerpt is from People v. Johnson, B240837 (Cal. App. 2013):

Respondent preliminarily argues that despite its express language, section 1050's requirement of good cause to continue "any hearing in a criminal proceeding" does not apply to any hearing in a criminal proceeding. For example, the court in People v. Iocca

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(1974) 37 Cal.App.3d 73, 78 held section 1050 does apply to preliminary hearings. Respondent argues the statute should likewise not apply to probation revocation hearings. We disagree. When People v. Iocca was decided, section 1050 provided that "[n]o continuance of a criminal trial shall be granted except upon affirmative proof" of good cause. (Italics added.) The court observed that a preliminary hearing is not a trial and concluded "the rigid requirements of a statute like Penal Code section 1050[] should not be applied to the shorter, less expensive and far less complex proceedings of the preliminary hearing where (unlike a trial), a defendant is not in jeopardy." (People v. Iocca, at p. 78.) But section 1050 has been amended 12 times since then, the last time in 2003. It now provides that good cause must be shown before a continuance may be granted in "any hearing in a criminal proceeding." A probation revocation hearing is a hearing in a criminal proceeding. Therefore, pursuant to section 1050, good cause must be shown before the hearing may be continued.

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