In re Bakke

In In re Bakke (1986) 42 Cal.3d 84, a defendant sought habeas relief, contending the municipal court was without jurisdiction to impose a stayed jail term, after his term of probation had expired. Petitioner sought, and obtained, a stay of his 60-day jail term, pending his appeal. While his appeal was pending, petitioner's probation was revoked, and then reinstated on two separate occasions. At the last hearing reinstating probation, the court extended the term of probation to April 4, 1984. On May 2, 1984, the judgment appealed from was affirmed. On June 13, 1984 (more than two months after the term of probation expired), the court entered its order extending the term of probation to June 13, 1986, and ordered petitioner to begin service of the previously stayed 60-day jail term. In rejecting the petitioner's argument that the court was without jurisdiction to impose the 60-day jail term, the court stated: "... Like a request for a continuance of a revocation hearing, an application for a stay of execution of a jail term pending appeal contemplates that the proceedings related to that term will resume at a later time. The continuance is to a date certain. The stay is to the time the judgment is affirmed and the remittitur goes down, plus any additional time permitted under the statutes and rules for resumption of the proceedings necessary to order the term executed. Consequently, the municipal court did not exceed its jurisdiction when, upon receipt of the remittitur from the appellate department of the superior court, it ordered the stayed jail term into effect." ( In re Bakke, supra, 42 Cal.3d at pp. 89-90, )