People v. Johnson

This is an appeal from'an order made upon a petition to revoke probation. In the probation revocation proceedings, the court imposed a sentence of two years in State prison, stayed execution thereof, restored defendant to probation, and iiriposed an additional probationary disciplinary term consisting of the time that the defendant had been in custody awaiting disposition of the petition to revoke probation. Thereafter, the court denied a motion to dismiss the probation revocation proceedings, terminate probation, and vacate the sentence imposed.

Defendant contends that the court had no authority to make any order on the probation revocation petition because the requirements of Penal Code sections 1203.2a and 1381 were not met.

Defendant was convicted of violating Penal Code section 487a, subdivision (b). Imposition of sentence was suspended and defendant was placed on probation on August 27, 1984. On July 2, 1985, a petition for revocation of probation was filed by the probation officer alleging that, on or about May 13, 1985, the probationer was sentenced to state prison in the State of Michigan. A warrant was issued the same day, but the warrant was not served until…