Bourquin

BENKE, Acting P.J.

George Bourquin appeals following revocation of his probation, asserting the testimony of a police officer at a combined preliminary/probation revocation hearing was insufficient because the hearsay declarations of his wife, there admitted against him, violated his right of confrontation. As Bourquin later admitted in a guilty plea to have violated his probation, we find that all of the questions on the propriety of Bourquin's probation revocation have necessarily been rendered moot, and thus we order the appeal dismissed.

By felony complaint dated May 8, 1997, the District Attorney of San Diego County accused Bourquin in superior court case number SF115263 of making a terrorist threat against his wife, [1] Margaret, [2] in violation of Penal Code section 422. [3] On May 16, Bourquin pleaded guilty to the charged offense on the condition that his sentence be concurrent with his then-existing probation violations. On June 16, imposition of sentence was suspended, and Bourquin was placed on probation.

On September 22, 1998, after a felony complaint was filed against him in People v. Bourquin (Super. Ct. San Diego County, 1998, No. SF130713), an evidentiary…