Galvan

Defendant and appellant, Hector Rodriguez Galvan, appeals from the revocation of the probation stemming from his conviction for burglary and possession of a controlled substance (Pen. Code, § 459; Health & Saf. Code, § 11350). Sentenced to state prison for three years, Galvan contends the trial court abused its discretion when it revoked his probation.

The trial court held Galvan had violated the terms and conditions of his probation because he failed to report to the probation department both after his release from custody and after his subsequent reentry into the United States. We conclude there was insufficient evidence to sustain revocation on the latter ground, and that the former ground did not constitute a willful probation violation because the federal government deported Galvan to Mexico immediately upon his release from county jail. In these circumstances, the trial court’s revocation of probation was an abuse of discretion.

The judgment is reversed.

FACTUAL AND PROCEDURAL BACKGROUND

On February 24, 2003, Galvan pled guilty (in L.A. County Super. Ct. case No. PA043137) to possessing cocaine in violation of Health and Safety Code section 11350, subdivision…