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California Penal Code Section 1203.2a

Legal Research Home > California Laws > Penal Code > California Penal Code Section 1203.2a

1203.2a.  If any defendant who has been released on probation is
committed to a prison in this state or another state for another
offense, the court which released him or her on probation shall have
jurisdiction to impose sentence, if no sentence has previously been
imposed for the offense for which he or she was granted probation, in
the absence of the defendant, on the request of the defendant made
through his or her counsel, or by himself or herself in writing, if
such writing is signed in the presence of the warden of the prison in
which he or she is confined or the duly authorized representative of
the warden, and the warden or his or her representative attests both
that the defendant has made and signed such request and that he or
she states that he or she wishes the court to impose sentence in the
case in which he or she was released on probation, in his or her
absence and without him or her being represented by counsel.
   The probation officer may, upon learning of the defendant's
imprisonment, and must within 30 days after being notified in writing
by the defendant or his or her counsel, or the warden or duly
authorized representative of the prison in which the defendant is
confined, report such commitment to the court which released him or
her on probation.
   Upon being informed by the probation officer of the defendant's
confinement, or upon receipt from the warden or duly authorized
representative of any prison in this state or another state of a
certificate showing that the defendant is confined in prison, the
court shall issue its commitment if sentence has previously been
imposed. If sentence has not been previously imposed and if the
defendant has requested the court through counsel or in writing in
the manner herein provided to impose sentence in the case in which he
or she was released on probation in his or her absence and without
the presence of counsel to represent him or her, the court shall
impose sentence and issue its commitment, or shall make other final
order terminating its jurisdiction over the defendant in the case in
which the order of probation was made. If the case is one in which
sentence has previously been imposed, the court shall be deprived of
jurisdiction over defendant if it does not issue its commitment or
make other final order terminating its jurisdiction over defendant in
the case within 60 days after being notified of the confinement. If
the case is one in which sentence has not previously been imposed,
the court is deprived of jurisdiction over defendant if it does not
impose sentence and issue its commitment or make other final order
terminating its jurisdiction over defendant in the case within 30
days after defendant has, in the manner prescribed by this section,
requested imposition of sentence.
   Upon imposition of sentence hereunder the commitment shall be
dated as of the date upon which probation was granted. If the
defendant is then in a state prison for an offense committed
subsequent to the one upon which he or she has been on probation, the
term of imprisonment of such defendant under a commitment issued
hereunder shall commence upon the date upon which defendant was
delivered to prison under commitment for his or her subsequent
offense. Any terms ordered to be served consecutively shall be served
as otherwise provided by law.
   In the event the probation officer fails to report such commitment
to the court or the court fails to impose sentence as herein
provided, the court shall be deprived thereafter of all jurisdiction
it may have retained in the granting of probation in said case.


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Last modified: March 17, 2014