What is the test for a motion to dismiss probation revocation proceedings?

California, United States of America


The following excerpt is from People v. Smith, 247 Cal.Rptr.3d 216, 35 Cal.App.5th 399 (Cal. App. 2019):

Defendant argues that the trial court erred in denying his motion to dismiss the probation revocation proceedings for violating section 1381. Because the resolution of this question turns on issues of statutory interpretation and the application of the law to undisputed facts, our review is de novo. ( People v. Prunty (2015) 62 Cal.4th 59, 71, 192 Cal.Rptr.3d 309, 355 P.3d 480 [statutory interpretation]; Boling v. Public Employment Relations Bd. (2018) 5 Cal.5th 898, 912, 236 Cal.Rptr.3d 109, 422 P.3d 552 [undisputed facts].)

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