Amsbary

In this appeal from an order of the trial court revoking probation, appellant contends that the court lacked jurisdiction to enter the order because his period of probation had expired before the hearing to revoke it. 1 Respondent, prosecution, admits that appellant’s *77 period of probation had expired before the hearing on revocation of probation but contends the running of the probationary period was “tolled” because of earlier proceedings conducted in violation of the procedural guarantees set out in Morrissey v. Brewer, 408 U.S. 471 [ 33 L.Ed.2d 484 , 92 S.Ct. 2593 ], and People v. Vickers, 8 Cal.3d 451 [ 105 Cal.Rptr. 305 , 503 P.2d 1313 ], Respondent contends, also, that appellant is estopped to argue lack of jurisdiction by reason of the termination of the period of probation because of his delay in petitioning for habeas corpus to call attention to the Morrissey-Brewer violation. Concluding that respondent’s first contention is foreclosed by People v. Andre, 37 Cal.App.3d 516 [ 112 Cal.Rptr. 438 ], and that the record does not support respondent’s argument of estoppel, we reverse the order revoking probation.

On June 16, 1969, appellant entered a plea of guilty…