Pompi v. Superior Court

Opinion

RACANELLI, P. J.

Petitioner seeks issuance of a writ of mandate compelling respondent court to terminate his probation on grounds—inter alia—that the court was deprived of jurisdiction due to its failure to comply with the provisions of Penal Code section 1203.2a.

1

The undisputed facts contained in the record disclose the following sequence of events:

[506]

On September 5, 1975, petitioner was sentenced by respondent court to state prison for violations of Penal Code sections 459 and 288a; the prison sentence imposed was suspended and petitioner was placed on probation for a period of five years subject to conditions including one year in the county jail.

In 1978, petitioner was convicted of attempted burglary in New York State and thereafter became a fugitive from justice until March 1981.

On November 21, 1978, upon application of the San Francisco Probation Department, respondent court revoked its order of probation by reason of petitioner’s failure to appear; thereafter a bench warrant was issued and lodged as a detainer with the New York State authorities.

On September 18, 1981, petitioner transmitted and served by mail upon respondent court, the probation department, and the local district attorney his written “Affidavit in Support of Motion for Rights to Due Process” advising said authorities of his incarceration in New York and requesting “disposition of the [probation violation] detainer.”

2

In December 1981 and January 1982, petitioner again wrote to the court renewing his request for disposition of the pending probation matter.

3

The clerk of respondent court treated the December request as a demand for hearing pursuant to Penal Code section 1381 and accordingly forwarded notice thereof to the office of the district attorney. Shortly thereafter the district attorney initiated proceedings for transfer of custody under the provisions of the Interstate Agreement on Detainers (see Pen. Code, § 1389).