Hahn

People v. Hahn

Good Law
16 Cal. App. 5th 349·2017 Cal. App. LEXIS 904·224 Cal. Rptr. 3d 315
Court of Appeal of CaliforniaOctober 19, 20172d Crim. No. B279344California1,419 words

Opinion

lead Opinion

Perren, J.

*351 In 2010, Gavin Michael Hahn was charged with possession of a controlled substance. ( Health & Saf. Code, § 11377, subd. (a).) Six years and 22 appearances later, the trial court terminated Hahn's probation and ordered him to serve 120 days in jail. Even though Hahn had failed to appear at seven prior mandatory hearings, the court granted his request to report at a later date to serve his jail term. Once again, Hahn failed to appear. Following his arrest, the court determined it lacked jurisdiction to order Hahn to serve the 120-day sentence. The People appeal. We reverse with directions to order the sentence executed.

PROCEDURAL BACKGROUND

In 2010, Hahn pled guilty to felony possession of a controlled substance ( Health & Saf. Code, § 11377, subd. (a) ) and was placed on deferred entry of judgment for 24 months. Two years later, deferred entry of judgment was revoked and Hahn was placed on formal probation for a period of 36 months.

On April 14, 2015, the trial court granted Hahn's petition for resentencing pursuant to Penal Code section 1170.1 and reduced his conviction to a misdemeanor. On the same day, Hahn admitted a violation of probation. The court terminated Hahn's…

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