Avery

In this case we are asked to decide whether a trial court has discretion to revoke probation based on a subsequent criminal conviction which is still subject to appeal. We hold that it does have such discretion, and affirm the order revoking probation.

I. Procedural Facts

In April 1982 appellant Ronnie E. Avery pled guilty to grand theft. (Pen. Code, § 487, subd. I.) Imposition of sentence was suspended and appellant was placed on probation for three years.

In January 1984 a misdemeanor complaint was filed, alleging a petty theft with a prior. (§ 666.) Later, a petition to revoke probation was filed, based on the same petty theft offense.

On May 31, 1984, a probation revocation hearing commenced in superior court. Pursuant to People v. Jasper (1983) 33 Cal.3d 931 [ 191 Cal.Rptr. 648 , 663 P.2d 206 ], defense counsel moved to postpone the probation revocation hearing until after completion of the criminal trial, which was scheduled to commence in the municipal court the next day. As a prosecution witness was present, the trial court heard his testimony and then continued the revocation matter until after the criminal trial was completed.

Following a jury trial in the…