Cervantes

People v. Cervantes

Good Law
175 Cal. App. 4th 291·2009 Cal. App. LEXIS 1062·95 Cal. Rptr. 3d 858
Court of Appeal of CaliforniaJune 25, 2009B209350California2,415 words

Opinion

Opinion

Gilbert, J.

The trial court knows that defendant is an undocumented alien and agrees it will suspend a state prison term and grant him probation if he pleads guilty to a charged criminal offense. Defendant pleads guilty to the charged offense and receives a grant of probation. He is unable to appear for a 30-day review hearing because he is in the custody of immigration authorities. Under these circumstances, defendant is not in violation of probation.

Jose Navarro Cervantes pled guilty to corporal injury to a former cohabitant (Pen. Code, § 273.5) and false imprisonment (id., § 236). The court suspended imposition of sentence, placed him on formal probation for 48 months and ordered him to serve 60 days in county jail as a condition of probation. Cervantes appeals a judgment entered after the court revoked his probation and sentenced him to an aggregate term of two years eight months in state prison.

Because Cervantes did not violate his probation, we reverse.

FACTS

After Cervantes pled guilty, the probation report informed the court of the difficulty supervising Cervantes if he were placed on probation because he is an “illegal alien” subject to deportation.

Nevertheless, at…

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