People v. Johnson

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Defendant was sentenced to prison for possessing stolen property. On June 6, 2014, he was released from prison and placed on postrelease community supervision (PRCS). A December 2015 petition for revocation of PRCS indicated supervision was to expire on June 16, 2017. Defendant admitted violating PRCS; the court revoked and then reinstated PRCS. An August 2016 revocation petition again indicated the June 16, 2017 scheduled expiration date. The court revoked PRCS and remanded Defendant to custody. At a September 2016 hearing, Defendant admitted his violation. The court reinstated PRCS, requiring that Defendant serve 120 days in county jail. A February 2017 petition for revocation stated the date of expiration as “7/11/2017 (time tolled).” The 25-day difference reflected the 25 days Defendant spent in custody in 2016, while PRCS was revoked. Defendant failed to appear; the court issued a bench warrant. Defendant was remanded to custody in April 2017. On June 2, 2017, the court again reinstated PRCS. The court of appeal held that Defendant’s PRCS was not automatically extended when PRCS was revoked and then reinstated. Penal Code 1203.2(a) provides that revocation shall "toll the running of” supervision; a reasonable reading of precedent indicates that the length of the PRCS is not automatically extended when PRCS is reinstituted after revocation; a trial court may choose to extend the original expiration date within the maximum statutory period. View "People v. Johnson" on Justia Law