People v. Gilchrist

Opinion

ABBE, J. *

This casepresents a problem of whether the law requires a retroactive application of the maximum period of probation under the determinate sentence law (DSL) to persons who were placed on probation prior to the effective date of that law. We conclude it does not.

Defendant was sentenced to state prison for offering to sell cocaine (Health & Saf. Code, § 11352) following an order revoking his probation. On appeal 1 defendant challenges the order revoking probation contending: (1) the trial court lacked jurisdiction to revoke probation as his probationary period should have…