Lewis

The single issue in this case is a determination as to whether probation terms are enforceable during the period subsequent to the violation of probation hearing (hereafter, Vickers hearing) and prior to the court formally proceeding to a disposition thereon.

We conclude that probation terms are fully enforceable during this interim period of time.

Facts

On December 12, 1989, a complaint was filed charging defendant, Philip William Lewis, with violation of Penal Code section 459, burglary of an inhabited dwelling house, a felony (count 1), and with violation of section 602.5, unlawfully entering or remaining in a noncommercial dwelling house or apartment without the consent of the owner, a misdemeanor (count 2). Pursuant to section 859a, defendant entered a plea to the residential burglary. The case was certified to superior court and the matter referred to the probation department for an investigation report. The negotiated plea specified that the court could sentence defendant up to a maximum term of two years in state prison.

On February 6, 1990, proceedings were suspended, defendant was placed on two years’ probation on count 1, and count 2 was dismissed. Among…