What is the test for revocation of a probationer's probation?

California, United States of America


The following excerpt is from People v. Temple, B263655 (Cal. App. 2017):

seeks conviction for wholly new offenses. [Citation.] If the People prevail at the hearing, the result is not a new felony conviction . . . . Rather, if they prevail, the court's discretion is limited to modifying a previously imposed sentence or imposing a new sentence for an earlier conviction. [Citations.] A revocation hearing arises as a continuing consequence of the probationer's original conviction; any sanction imposed at the hearing follows from that crime, not from the substance of new criminal allegations against the probationer." (Lucido v. Superior Court (1990) 51 Cal.3d 335, 347-348.)

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