People v. Ornelas (Cal. Ct. App., Jan. 30, 2023, No. A165333) 2023 WL 1097221, at *1–2
Summary: Ornelas was placed on probation in July 2021 for the maximum statutory term of two years. He failed to report to probation, his probation was summarily revoked, and a bench warrant was issued for his arrest. He was arrested and admitted to violating the terms of his probation. In April 2022—still within his original two-year probationary term—the trial court reinstated him on probation, but this time with a new termination date in November 2023 to account for the days he had been “in warrant status” and his probation had been summarily revoked.
On appeal, Ornelas contends that the trial court exceeded its jurisdiction by extending his probation to November 29, 2023, which Ornelas argued is beyond the two-year maximum probationary period authorized by statute. The Court of Appeal ruled that when probation has been summarily revoked and then reinstated within the initial probationary term, the trial court has discretion to extend probation to account for the time when probation was summarily revoked so long as the total period of probationary supervision does not exceed the statutory maximum. Even with an extension to November 2023, Ornelas’s term of probation, not including the time he was on warrant status and his probation was summarily revoked, is less than two years.