People v. Walsh

Opinion

KREMER, P. J.

Defendant James Carey Walsh appeals a judgment imposing a prison sentence after revocation of probation. Walsh contends the court erred in not making express findings justifying the upper term and in not ordering a supplemental probation report. Walsh also seeks habeas corpus, asserting the government’s failure to comply with statutory time requirements deprived the court of jurisdiction to sentence him. We grant Walsh’s petition for habeas corpus and dismiss his appeal as moot.

I

Introduction

While on probation for assault with a deadly weapon plus two prison priors (Pen.…