What is the effect of section 1203.2 of the Penal Code when a probationary term expires?

California, United States of America


The following excerpt is from People v. DePaul, 137 Cal.App.3d 409, 187 Cal.Rptr. 82 (Cal. App. 1982):

Defendant argues that the amendment of Penal Code section 1203.2 was probably a response to the opinion in People v. Journey (1976) 58 Cal.App.3d 24, 129 Cal.Rptr. 478. In that case probation was summarily revoked ex parte on the last day before the probationary period expired. The appellate court rejected the contention that it was "improper to revoke probation ex parte to preserve jurisdiction when the probationary term would otherwise expire during the period of time necessary to hold Morrissey hearings." (People v. Journey, supra, 58 Cal.App.3d 24, 27, 129 Cal.Rptr. 478.)

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