In Re Walters

Petitioner seeks a writ of habeas corpus vindicating his claim the Sacramento Superior Court lacked jurisdiction to sentence him in absentia under Penal Code section 1203.2a. We hold that under section 1203.2a the superior court must impose sentence within 30 days of receipt of a prisoner’s request to be sentenced in absentia, failing which, the superior court loses jurisdiction. As a consequence of our holding, petitioner is entitled to a writ.

I

On January 27, 1994, the superior court suspended imposition of judgment and sentence on petitioner’s plea of no contest to possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and granted petitioner probation. On March 31, 1994, petitioner was committed to state prison following the revocation of his parole on an unrelated Yolo County felony conviction.

On July 28, 1994, petitioner and a representative of the warden of the prison in which he was incarcerated prepared and signed a request under section 1203.2a for sentencing in absentia after revocation of probation due to prison commitment. The request was mailed to the superior court. The request was on a form provided for that purpose by the…