People v. Varela CA4/2

INTRODUCTION

Defendant Nicholas Varela, Jr., appeals from a sentence imposed after a probation

revocation. Defendant contends the trial court lost jurisdiction because it failed to

sentence him within the statutory 30-day limit under Penal Code section 1203.2a1 and

that his sentence should be vacated and his probation terminated. The People respond

that section 1203.2a only applies to a probationer who is committed to a state prison and

does not apply to a probationer sentenced to county jail under the Criminal Justice

Realignment Act of 2011. (§ 1170, subd. (h).) Therefore, the case should be remanded

for resentencing because the trial court was not authorized to sentence defendant in

absentia under section 1203.2a. The parties also disagree about whether section 1203.2a

violates equal protection.

We hold that section 1203.2a did not apply to defendant and does not violate equal

protection. We vacate the two-year concurrent sentence imposed under section 1203.2a

and remand for further sentencing.

II

FACTUAL AND PROCEDURAL BACKGROUND

On April 6, 2012, defendant pleaded guilty in Riverside County to a burglary

committed in violation of section 459. The trial court…