Walsh

Defendant James Carey Walsh appeals a judgment imposing a prison sentence after revocation of probation. Walsh contends the court erred in not making express findings justifying the upper term and in not ordering a supplemental probation report. Walsh also seeks habeas corpus, asserting the government’s failure to comply with statutory time requirements deprived the court of jurisdiction to sentence him. We grant Walsh’s petition for habeas corpus and dismiss his appeal as moot.

I

Introduction

While on probation for assault with a deadly weapon plus two prison priors (Pen. Code, §§245, subd. (a)(1), 667.5, subd. (b)), Walsh was imprisoned for another crime. The prison warden notified the probation department of Walsh’s prison commitment. However, the probation department did not timely comply with statutory requirements to report such commitment to the probationary court. (§ 1203.2a.) Ultimately, the court revoked Walsh’s probation and sentenced him to prison. Walsh appealed.

During pendency of Walsh’s appeal, the Supreme Court held that a probation officer’s failure to comply with section 1203,2a’s mandatory time requirements divested the probationary court of any…