People v. DePaul

Opinion

THE COURT.*

Convicted of one count of burglary (Pen. Code, § 459) by

guilty plea, defendant Victor L. DePaul was granted probation for a period of two years. More than two years later probation was revoked and defendant was sentenced to state prison. He appeals from the judgment. At issue is the meaning of a statutory provision that revocation, “summary or otherwise, shall serve to toll the running of the probationary period.” (Pen. Code, § 1203.2, subd. (a).)

Probation was granted to defendant on December 28, 1978. On August 14, 1980, the court summarily revoked probation but it was…