Failure to Give Timely Notice of Probation Revocation Proceeding
In People v. Johnson (1987) 195 Cal. App. 3d 510 [240 Cal. Rptr. 748], the defendant was convicted of grand theft in 1984 and granted probation.
In 1985, a petition for revocation of probation was filed alleging that he was serving a sentence in Michigan. the trial court revoked probation and issued a warrant that was not served for a year.
The probation officer failed to notify defendant even though he knew where the defendant was residing. the Court of Appeal held that the failure to give timely notice of the probation revocation proceeding was inexcusable and prejudicial. ( Id., at p. 516.)
"Defendant was deprived of the opportunity to request sentencing in his absence and the opportunity to request that the sentence run concurrently with the time he was then serving." ( Id., at p. 515; see also People v. Holt (1991) 226 Cal. App. 3d 962, 967-968 [277 Cal. Rptr. 323].)
Unlike People v. Johnson, the probation department did not know of appellant's federal incarceration. It had no way of giving appellant notice of the probation violation because appellant elected not to advise the probation department of his subsequent residences.
When appellant was about to be released in Texas, the arrest warrant for violation of probation was discovered. the trial court, in denying the motion to dismiss, found that appellant "brought this on himself.
I don't think they've [i.e., probation officers] got to look for somebody that doesn't want to be found, and he gave no indication that he was interested in being found or interested in complying with probation."