Does the affirmative response of a prosecutor to a motion to revoke probation constitute a formal revocation of probation?

California, United States of America


The following excerpt is from People v. Martinez, NO. H035362; H035634, Super. Ct. No. CC768277 (Cal. App. 2011):

5. Defendant acknowledges that she is not appealing from an order revoking probation. Even if the court's affirmative reply to the prosecutor's query ("Probation revoked?") constituted a formal revocation of probation, which in our view it clearly did not, the order would not be appealable since sentence was not imposed. (See People v. Delles (1968) 69 Cal.2d 906, 908-909 [revocation of probation granted following suspension of imposition of sentence is "an intermediate order reviewable only on appeal from the judgment"]; People v. Robinson (1954) 43 Cal.2d 143, 145.)

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