Does the Attorney General have jurisdiction to sentence a defendant who violated probation for indecent exposure after the trial court has formally revoked his probation?

California, United States of America


The following excerpt is from People v. Belche, 267 Cal.Rptr.3d 862, 53 Cal.App.5th 956 (Cal. App. 2020):

Defendant contends the trial court did not have jurisdiction to find that he violated probation based on his indecent exposure after the trial court formally revoked probation and ordered that it not be reinstated. He argues the trial court loses probation jurisdiction over a defendant when it formally revokes probation, whereas the Attorney General asserts the trial court does not lose probation jurisdiction over a defendant until it sentences the defendant. Each party relies on People v. Lewis (1992) 7 Cal.App.4th 1949, 10 Cal.Rptr.2d 376 ( Lewis ) to support its position. Even though Lewis is not on point, defendant has the better argument.

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