In Re Hamm

Opinion

KLEIN, P. J.

The People appeal from the granting of a writ of habeas corpus vacating jail commitments in two misdemeanor cases, contending that the superior court incorrectly construed Penal Code sections 1203a and 1203.2, subdivision (e). Thus, this case squarely presents the question whether section 1203.2 permits misdemeanor probation to be extended beyond the three-year period set out in section 1203a.

We conclude the reasonable interpretation of the sections is to allow courts the discretion to grant misdemeanor probation in excess of three years in certain circumstances.

Background

Ph…