Burton

I.

INTRODUCTION

The trial court summarily revoked appellant’s probation on the basis of a petition charging a violation that the prosecution later failed to prove. While the first petition was pending, but before the expiration of appellant’s original probation term, a second petition was filed charging appellant with a different violation. After appellant’s original probation term expired, the trial court found that he had committed the violation charged in the second petition, and imposed his previously stayed prison sentence.

Appellant contends that the trial court did not have jurisdiction to revoke his probation because the charge in the first petition, which triggered the tolling of his probation period, was not proved. In the published portion of our opinion, we reject this contention, concluding that once the expiration of a probation period is tolled, then as long as a probationer is found to have committed some probation violation during the probation period, as charged in a petition filed during the probation period, the trial court retains jurisdiction to revoke probation after the expiration of the probation term, even if the tolling was based on a…