In Re Mehdizadeh

Petitioner David Nissan Mehdizadeh is a probationer covered by the drug treatment and rehabilitation provisions of Proposition 36 (Pen. Code, § 1210.1). His petition for habeas corpus alleges the trial court acted unlawfully when it summarily revoked his probation and incarcerated him pending a formal hearing on alleged first time violations of drug-related conditions of his probation. He contends under Proposition 36 the trial court cannot revoke probation when a probationer violates a drug-related probation condition for the first time unless the court finds- the probationer is a danger to society. In response the People argue Proposition 36 does not override the trial court’s general discretion to revoke probation under section 1203.2.

Despite petitioner’s release from custody, we issued an order to show cause why the trial court’s order remanding petitioner pending his formal probation violation hearing was not unlawful. We did so because, even though petitioner’s case is technically moot, it raises important questions concerning the application of Proposition 36, which would otherwise escape review due to the relatively short periods of incarceration…