The People, Plaintiff and Respondent v. Jose Leiva, Defendant and Appellant — Baxter, J., Concurring

Summary

Justice Baxter concurs in the majority’s interpretation that summary revocation tolls probation only to preserve authority to adjudicate violations committed during the originally imposed probationary period. He agrees that the court could not rely on the probationer’s later failure to report after the original term expired. He additionally warns that this interpretation creates a policy problem when a probationer’s deportation or other absence prevents supervision, and suggests legislative clarification.