People v. Hernandez CA2/8

Facts On February 9, 2018, appellant Casey Hernandez was sentenced to three years probation. His probation was originally set to expire on February 9, 2021. On September 24, 2020 (more than 2 years and 7 months after probation began) the trial court summarily revoked his probation and issued a bench warrant. The court had been informed that appellant had failed to report to the probation officer after being released from custody that was a term of his probation, and had failed to provide proof that he attended residential drug treatment. On January 21, 2021, appellant admitted he had violated the terms of his probation. The court formally revoked probation, sentenced appellant to 180 days in the county jail, and ordered probation to terminate upon completion of the 180-day sentence. Appellant was released after serving one day of the 180 days and his probation terminated.

The People argue this appeal is moot because appellant’s probation has terminated. We disagree. (People v. Nolan (2002) 95 Cal.App.4th 1210, 1213; People v. Buell (2017) 16 Cal.App.5th

2 Appellant obtained a certificate of probable cause to pursue an appeal of the revocation of his probation. He argues…