Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 8. OF JUDGMENT AND EXECUTION / CHAPTER 1. The Judgment
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Cal. Penal Code § 1203a (2026)

The Judgment

✓ current as of May 2026
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(a)In all counties and cities and counties, the courts therein, having jurisdiction to impose punishment in misdemeanor cases, may refer cases, demand reports, and to do and require anything necessary to carry out the purposes of Section 1203, insofar as that section applies to misdemeanors. The court may suspend the imposition or execution of the sentence and make and enforce the terms of probation for a period not to exceed one year.

(b)The one-year probation limit in subdivision (a) shall not apply to any offense that includes specific probation lengths within its provisions.

Notes of Decisions
Cited in 17 cases (6 in the last 5 years), 1968–2025 · leading case: United States v. Viezcas-Soto, 562 F.3d 903 (8th Cir. 2009).
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United States v. Viezcas-Soto, 562 F.3d 903 (8th Cir. 2009). · cites it 4× “We couch our conclusion in somewhat equivocal terms, however, because there is an ambiguity in the record that renders the matter not entirely free from doubt.”
People v. Morga, 273 Cal. App. 2d 200 (Cal. Ct. App. 1969). · cites it 2× “) Although it was possible to place defendant on probation up to three years (Pen. Code, § 1203a), it was for a one-year period only since the trial judge omitted expressly setting it for longer than one year.”
In Re Dupper, 57 Cal. App. 3d 118 (Cal. Ct. App. 1976). “The issue is whether probation had been extended beyond the three-year limitation of Penal Code section 1203a. Penal Code section 1203a provides that in misdemeanor cases where the maximum sentence provided by law does not exceed three years, the court “shall have power to…”
In Re Hamm, 133 Cal. App. 3d 60 (Cal. Ct. App. 1982). “1 Penal Code section 1203a states: “In all counties and cities and counties the courts therein, having jurisdiction to impose punishment in misdemeanor cases, shall have the *62 power to refer cases, demand reports and to do and require all things necessary to carry out the…”
People v. Heath, 266 Cal. App. 2d 754 (Cal. Ct. App. 1968). “(Pen. Code, § 1203a.) However, as the Attorney General concedes, the fine imposed does exceed the maximum provided by the statute governing the offense of which appellant was convicted.”
People v. Feagley, 39 Cal. App. 3d 772 (Cal. Ct. App. 1974). “The maximum term of probation on a misdemeanor conviction is three years (Pen. Code, § 1203a; Witkin, Cal. Crimes, pp.”
People v. Berkowitz, 68 Cal. App. Supp. 3d 9 (Cal. App. Dep’t Super. Ct. 1977). “Therefore, the elliptical order can only be regarded as an informal grant of summary probation whose maximum term is three years (Pen. Code, §§ 1203a, 1203b; People v. Municipal Court (Lozano) (1956) 145 Cal.”
People v. Burton, 58 Cal. App. 5th 5 (Cal. Ct. App. 2020). · cites it 2× “1950, at the time defendant was sentenced, Penal Code section 1203a provided, “In all counties and cities and counties the courts therein, 8 having jurisdiction to impose punishment in misdemeanor cases, shall have the power to refer cases, demand reports and to do and require…”
People v. Temple, 20 Cal. App. 3d 540 (Cal. Ct. App. 1971). “The period of probation imposed by the trial court is thus excessive in view of our finding of unconstitutionality of the felony portion of Penal Code section 270.”
United States v. Lorenzo Viezcas-Soto, No. 08-2339 (8th Cir. Apr. 10, 2009). · cites it 2× “Thus, the government cites California Penal Code section 1203a, which governs the period of probation in misdemeanor cases and "limits probation periods to three years or the maximum sentence provided by law for the underlying offense, whichever is greater.”
People v. Gonzalez, No. D077208 (Cal. Ct. App. Nov. 24, 2020). “In his opening brief, Gonzalez claims that the order to sell the Aldine Property is invalid because it was entered after the expiration of the maximum three-year probation period (Pen. Code, § 1203a)2 authorized by his May 2014 guilty plea.”
People v. Mackreth, No. H046266M (Cal. Ct. App. Jan. 5, 2021). “(Pen. Code, § 1203a.) One court has held that this amendment is retroactive to all nonfinal cases.”
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