P. v. Svien CA3
Defendant Kenneth Svien appeals the trial court’s order overruling his demurrer challenging the trial court’s jurisdiction to consider a probation violation allegation. Defendant asserts his probationary term expired approximately a year prior to the filing of the probation violation petition at issue in this appeal and he did not agree to an extension of the probationary term. The People disagree, arguing defendant agreed to an extension of his probationary term and is thus estopped from challenging the trial court’s jurisdiction. We conclude the record is devoid of evidence showing defendant agreed to extend his probationary term. We thus reverse the trial court’s order overruling the demurrer and the subsequent order finding defendant in violation of probation.
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