Mendoza

In this appeal by the People, this court must resolve the following question. Does the superior court have authority, while a defendant is still on probation, to reduce a county jail term imposed as a condition of probation when the defendant has already served the term? For reasons set forth in this opinion we determine that the superior court does not have such authority. Accordingly, we reverse the superior court’s order.

Facts and Procedural History

On January 11, 2006, respondent Francisco Guadalupe Mendoza pleaded no contest to one count of felony grand theft in exchange for a grant of felony probation. Before accepting respondent’s plea, the superior court (hereafter the court) asked respondent if he understood that his conviction could “be used to impact [his] immigration rights.” Respondent affirmed that he understood. The record contains a form entitled “WAIVER OF RIGHTS PLEA OF GUILTY/NO CONTEST” in which respondent was informed that if he did not have United States citizenship, “a plea of Guilty/No Contest will result in [his] deportation, exclusion from admission to this country, denial of naturalization and/or denial of re-entry to this country.”…