People v. Huff CA1/5

BACKGROUND

A.

Probation revocation involves two steps. First, a court may summarily revoke probation when presented with reason to believe the probationer has violated its terms and conditions. Second, the defendant is thereafter entitled to a formal hearing at which the prosecution must prove the alleged violation. (§ 1203.2, subds. (b), (c), (e); Leiva, supra, 56 Cal.4th at pp. 505- 506, 516; People v. Braud (2020) 56 Cal.App.5th 962, 965-966 (Braud).) The summary revocation “shall serve to toll the running of the period of supervision.” (§ 1203.2, subd. (a).)

“Toll” has an unusual meaning in this context. Although the term is generally defined as to stop the running of a time period (Leiva, supra, 56 Cal.4th at pp. 508-509), the Supreme Court has rejected that definition for purposes of section 1203.2, subdivision (a). (Id. at pp. 507, 517-518.) Rather than suspend the probationary term upon summary revocation, “tolling” under this provision serves only to preserve the court’s jurisdiction to adjudicate an alleged violation that occurred during the probation term in a formal violation hearing held after its expiration. (Id. at p. 502; People v. Sem (2014) 229 Cal.App.4th…