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Name: Delinquency (602)
Summary

The Court of Appeal agreed with the parties that insufficient evidence supported the trial court’s finding that appellant had violated his probation terms requiring him to report to the probation department within one court day of his release from custody and to report monthly to his probation officer.

Appellant was deported before he could be released from custody, and therefore his failure to report to his probation officer cannot be considered willful. (See People v. Galvan (2007) 155 Cal.App.4th 978, 983.) Furthermore, no evidence established that appellant was present in the United States during the five-year probationary period. As such, substantial evidence fails to show that appellant willfully failed to report during the duration of this probation. (Id. at pp. 982– 983.)

The Court of Appeal reversed appellant’s judgment and ordered the trial court to alert the California Department of Corrections and Rehabilitation that the judgment is no longer in effect.