What is the authority of a trial court to set aside an order revoking probation for good cause?

California, United States of America


The following excerpt is from People v. Cotton, H038176 (Cal. App. 2013):

Under section 1203.2, subdivision (e), the trial court has authority to set aside its order revoking probation "for good cause upon motion made before pronouncement of judgment." ( 1203.2, subd. (e).)4 Implicit in that authority is the power to reopen the revocation hearing to take additional evidence if necessary to determine the propriety of setting aside the order revoking probation. (See People v. Jackson (1996) 13 Cal.4th 1164, 1205 [noting that a trial court has inherent authority under Code of Civil Procedure section 128, subdivision (a)(8), to amend and control its process and orders so as to make them conform to law and justice].)

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