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Name: People v. Galvan
Case #: B192308
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 09/27/2007

Revocation of probation was improper where probationer did not report because he had been deported. Appellant was deported from the United States after he was released from custody following conviction for drug possession. His probation was revoked because he failed to report to the probation department, both after his release from custody and within 24 hours after his subsequent reentry into the United States. The appellate court here concluded that his probation was not properly revoked. Galvan’s original failure to report did not constitute a willful violation becasue the federal government deported him to Mexico immediately upon his release from county jail. As to his failure to report after reentry, the record contained no evidence showing how long he had been back in the United States before he was arrested. Therefore, there was no evidentiary basis for revoking probation on that ground.