What is the test for revocation of probation and reinstatement of probation?

California, United States of America


The following excerpt is from People v. Tomahawk, A147587 (Cal. App. 2016):

The record reflects that defendant was represented at all relevant times by counsel, and that she freely and voluntarily admitted the underlying violations in open court after being advised by the trial court of the legal consequences. Under these circumstances, we conclude the trial court's decision to revoke probation and reinstate the sentence based upon defendant's admitted violations of its terms and conditions was proper. (See People v. Segura (2008) 44 Cal.4th 921, 932 ["During the period of probation, the court may revoke, modify, or change its order suspending imposition or execution of the sentence, as warranted by the defendant's conduct. ([Pen. Code] 1203.2, 1203.3)"].)

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