People v. Ellison

Opinion

KLINE, P. J.

This is an appeal from a final judgment following probation revocation proceedings. (Pen. Code, § 1237.) The sole issue presented is whether Humboldt County Superior Court Judge Timothy P. Cissna, who revoked appellant’s probation and sentenced him to state prison, had jurisdiction to do so. We shall determine he did not. Accordingly, we shall declare Judge Cissna’s orders void, vacate them, and remand the case for sentencing before Superior Court Judge Harold E. Neville, Jr., whose sentencing of appellant was improperly aborted by Judge Cissna and another Humboldt County…