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Court Lacked Jurisdiction to Order Summary Revocation

People v. Arreguin Docket: A162718 (First Appellate District), Opinion Date: June 14, 2022. Arreguin pleaded guilty to human trafficking and second-degree robbery in separate cases. The court imposed a term of five years for the human trafficking offense plus a consecutive term of one year for the robbery. Execution of the sentence was suspended. Arreguin was placed on probation for 60 months. About 30 months later, the court summarily revoked probation for eight months. Probation was reinstated in November 2019. In January 2021, the court again summarily revoked probation. In April 2021, the court found Arreguin had violated probation in both cases based on the conduct underlying a January 2021 arrest. In May 2021, the court formally revoked probation in both cases and put into effect the suspended six-year aggregate sentence. The court of appeal reversed in part. The trial court erred in denying Arreguin’s motion to dismiss the violation of probation in the human trafficking case; that 60-month probation term was originally set to expire on December 1, 2021. However, effective January 1, 2021, the maximum probation term for many offenses, including the human trafficking offense, became limited to two years; Arreguin had served significantly more than two years of probation. His probation terminated as a matter of law, so the court lacked jurisdiction to order summary revocation. The robbery offense was statutorily exempt from the two-year probation limitation.

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