What is the effect of section 1203.2a of the California Penal Code on revocation of probation of a defendant who has committed another crime?

California, United States of America


The following excerpt is from Brown, In re, 19 Cal.App.3d 659, 97 Cal.Rptr. 71 (Cal. App. 1971):

'The purpose of section 1203.2a is to prevent a defendant from inadvertently being denied the benefit of Penal Code section 669 that sentences be concurrent unless the court exercises its discretion to order that a subsequent sentence be consecutive to a prior sentence. * * * By authorizing a defendant on probation who had been committed for another offense to request revocation of probation and imposition of sentence and by requiring his probation officer to notify the court of the subsequent commitment, section 1203.2a affords a procedure for requiring the court to consider imposing a concurrent sentence. It also precludes inadvertent imposition of consecutive sentences by depriving the court of further jurisdiction[19 Cal.App.3d 665] over the defendant in the case in which probation was granted, if it fails to act within 30 days of being informed of the relevant facts.' (In re White, supra, 1 Cal.3d 207, 211, 81 Cal.Rptr. 780, 782, 460 P.2d 980, 982; fn. omitted. See also People v. Ford (1966) 239 Cal.App.2d 944, 946, 49 Cal.Rptr. 283.)

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