In re Mancillas

I. INTRODUCTION

When a defendant “has been released on probation” with execution of sentence suspended, and the court is subsequently properly notified that the defendant is “confined in prison,” Penal Code section 1203.2a mandates that “the court shall issue its commitment” and “shall be deprived of jurisdiction over defendant if it does not issue its commitment or make other final order terminating its jurisdiction over defendant in the case within 60 days after being notified of the confinement.”

In this case, petitioner Moisés Mancillas was placed on probation with execution of a three-year prison term suspended. His probation was subsequently summarily revoked due to his failure to report to probation and failure to attend treatment, and a bench warrant issued for petitioner’s arrest. Before further probation revocation proceedings were held, petitioner was convicted of new offenses in Nevada and sentenced to prison in that state. While in prison in Nevada, petitioner sent notifications to the trial court, which the court received on December 23, 2013. However, the trial court did not act until eight months later, when it ordered petitioner’s previously imposed…