People v. Campos

Opinion

WHITE, P. J.

Defendant and appellant Ramon V. Campos appeals from the judgment of the Superior Court of San Francisco County, entered after the trial court revoked his probation, sentencing him to prison for 16 months for a violation of Penal Code section 487, subdivision 3 (grand theft of an automobile). Appellant contends on appeal that (1) the probation officer’s conclusion that appellant’s reentry to the United States was “illegal” does not provide a sufficient basis for revocation of probation; and (2) the trial court in revoking appellant’s probation failed to consider as a mitigating factor that he had been deported. We have found no merit to either of these contentions and have affirmed the judgment.

Appellant pled guilty to a violation of Penal Code section 487, subdivision 3, and on June 6, 1983, the trial court suspended imposition of sentence and placed appellant on probation for three years on condition that he spend six months in county jail. Upon completion of his sentence in county jail, appellant was deported to Mexico. On March 21, 1986, Probation Officer George Hawthorne filed a motion to revoke appellant’s probation alleging that appellant had never reported and could not be contacted by mail and stating that appellant had been deported following his release from county jail. The motion was granted and a no-bail bench warrant was issued.

On February 15, 1987, appellant was arrested for a violation of Vehicle Code section 20002 (hit and run) at which time his no-bail bench warrant was discovered. The following occurred in regard to revocation of appellant’s probation: On February 18, 1987, he was returned to court and a

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bilingual interpreter was sworn, the public defender was appointed to represent appellant and the cause was referred to the probation department for a supplemental report. The supplemental probation report contains a statement of facts surrounding the hit and run incident. The supplemental report also contains the statement that appellant had “never reported to the Probation Department.” The supplemental report also includes a summary of the interview the probation officer had with appellant. Under the heading “evaluation” the supplemental probation report states: “The defendant is an illegal alien, having been deported August 13, 1983. He states that he returned to the United States, illegally, approximately two years ago.” On March 26, 1987, appellant waived his right to a formal hearing on the petition to revoke his probation and agreed to submit the cause on the basis of the supplemental report of the probation department; however appellant’s counsel reserved the right to argue against the report. Defense counsel argued at the probation revocation hearing that there was nothing to substantiate the statement of the probation officer that appellant was in the country illegally. At the hearing the People introduced into evidence a certified copy of the order and warrant of deportation of appellant which states that the date of departure of appellant from the United States was August of 1983. Following argument, the court revoked appellant’s probation on the grounds that appellant had illegally returned to the United States and that appellant had never reported to the probation department.