P. v. Salas
Defendant and appellant Pedro Ramirez Salas appeals from the execution of a suspended sentence on a 2005 robbery conviction following a probation revocation hearing in 2011. Defendant contends the summary revocation of probation in 2006 on the ground he had absconded was unlawful since he had been deported and did not willfully fail to report to probation. Since the summary revocation of probation was unlawful, he claims, the probationary period was not tolled. He further argues his 2011 assault conviction, suffered after his return to this country, occurred after probation expired in the 2005 case, so the court lacked jurisdiction to execute sentence on the 2005 robbery conviction solely on the basis of that new conviction. In his opening brief before this court, defendant principally relies on People v. Tapia (2001) 91 Cal.App.4th 738 (Tapia) and its interpretation of the tolling provision contained in Penal Code section 1203.2, subdivision (a).[1]
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