Ellison

This is an appeal from a final judgment following probation revocation proceedings. (Pen. Code, § 1237.) The sole issue presented is whether Humboldt County Superior Court Judge Timothy P. Cissna, who revoked appellant’s probation and sentenced him to state prison, had jurisdiction to do so. We shall determine he did not. Accordingly, we shall declare Judge Cissna’s orders void, vacate them, and remand the case for sentencing before Superior Court Judge Harold E. Neville, Jr., whose sentencing of appellant was improperly aborted by Judge Cissna and another Humboldt County Superior Court judge. Appellant also has filed a petition for writ of habeas corpus, arguing ineffective assistance of counsel. In light of our holding on the direct appeal, we shall deny the writ petition as moot.

FACTS AND PROCEEDINGS BELOW

Appellant is a Marine veteran with a history of mental illness. He has been hospitalized at Veterans Administration (V.A.) psychiatric wards on at least eight occasions, and also received mental health treatment from programs in Oregon and Humboldt County. Appellant has been receiving disability payments since 1989, when he was diagnosed as bipolar. His monthly…