Ninth Circuit

CAL CRIM DEF " PROBATION VIOLATION
People v. Leiva, 56 Cal. 4th 498, 502 (2013) (summary revocation of probation allowed trial court to retain authority to adjudicate only probation violations during the probation term: summary revocation operated in conjunction with the tolling provision of Pen. Code, 1203.2, subd. (a), to preserve the trial court's authority to adjudicate a claim of a probation violation during the original probationary period and to extend or otherwise modify probation under Pen. Code, 1203.3, subd. (a)); disapproving People v. DePaul, 137 Cal.App.3d 409, 187 Cal.Rptr. 82.

POST CON RELIEF " FULL FAITH AND CREDIT " FEDERAL COURT MUST CREDIT STATE COURT ORDER TERMINATING PROBATION
United States v. Yepez, ___ F.3d ___, 2011 WL 2988774 (9th Cir. Jul. 25, 2011) (in sentencing defendants for federal offenses, the district court must credit state orders terminating probationary sentences in calculating criminal history points for purposes of safety valve eligibility, because of the wide latitude in modifying probationary terms given to state courts).

POST CON RELIEF " SENTENCE " PROBATION " NUNC PRO TUN ORDER
United States v. Yepez, 652 F.3d 1182 (9th Cir. July 25, 2011) (California courts nunc pro tunc reduction of probation term, under Penal Code 1203.3, to end one day prior to the commission of a federal drug offense, effectively qualified the defendant for application of the Safety Valve allowing a shorter sentence under 18 U.S.C. 3553(f)); citing 18 U.S.C. 3553(f) (statute allows a district court to impose a sentence below the mandatory minimum if five factors are met, including a requirement that the defendant have no more than one criminal history point as defined by the United States Sentencing Guidelines); distinguishing United States v. Alba-Flores, 577 F.3d 1104 (9th Cir. 2009)(California motion to terminate probation under Penal Code 1203.3, which was granted as a motion to expunge the conviction under Penal Code 1203.4, did not remove the prior conviction from scoring under U.S.S.G. 4A1.2(c)(1), and that even if it could be removed from scoring by dismissing the state case, it did not change that at the time Alba-Flores committed the federal offense he was serving a probationary sentence); but see United States v. Martinez-Cortez, 354 F.3d 830 (8 th Cir. 2004) (where defendant attempted to modify a California sentence after probation had expired, the modification was ineffective for federal sentence purposes because the California court did not have jurisdiction); United States v. Pech-Aboytes, 562 F.3d 1234 (10 th Cir. 2009) (defendant's actual status at the time of the commission of the later federal offense, rather than whether California considered him on probation for that offense as a result of later motion to modify probation, controls the application of the safety valve). See generally the excellent article by John Lanahan, Another Escape Hatch in the Safety Valve: United States v. Yepez, The Federal Tatler, No. 162 (September 29, 2011).

Lower Courts of Ninth Circuit

CAL POST CON " SENTENCE " COURT HAS NO JURISDICTION TO MODIFY PROBATION AFTER PROBATION HAS EXPIRED
Hilton v. Superior Court, 224 Cal.App.4th 47, 168 Cal.Rptr.3d 309 (2d Dist. Feb. 25, 2014) (trial court does not have jurisdiction to modify a defendant's probation to impose restitution after the defendant's probationary term has expired).

Other

CALIFORNIA " DOMESTIC VIOLENCE " PROBATION CONDITIONS APPLY TO NON-DV CONVICTIONS IF UNDERLYING FACTS INVOLVE DV CRIMINAL LAW & PROCEDURE, SENTENCING
People v. Cates, No. A121037 Following plea of no contest to a felony assault, judgment modifying probation and ordering defendant to complete 52-week batterer's counseling program is affirmed where: 1) Penal Code section 1203.097 applies to any person placed on probation for a crime if the underlying facts of the case involve domestic violence, even if the statute defining the crime does not specifically refer to domestic violence; and 2) the trial court was obligated to correct its sentence even in the absence of a subsequent probation violation.

CALIFORNIA " DOMESTIC VIOLENCE " PROBATION CONDITIONS APPLY TO NON-DV CONVICTIONS IF UNDERLYING FACTS INVOLVE DV
CRIMINAL LAW & PROCEDURE, SENTENCING People v. Cates, No. A121037 Following plea of no contest to a felony assault, judgment modifying probation and ordering defendant to complete 52-week batterer's counseling program is affirmed where: 1) Penal Code section 1203.097 applies to any person placed on probation for a crime if the underlying facts of the case involve domestic violence, even if the statute defining the crime does not specifically refer to domestic violence; and 2) the trial court was obligated to correct its sentence even in the absence of a subsequent probation violation.

CAL POST CON - CRIMINAL LAW & PROCEDURE
People v. Mendoza, No. H032314 Trial court's grant of defendant's motion to modify retroactively his jail term is reversed where the superior court does not have authority to reduce a county jail term imposed as a condition of probation when the defendant has already served the term and is still on probation.