California, United States of America
The following excerpt is from People v. Hudson, 198 Cal.Rptr.3d 856, 244 Cal.App.4th 1318 (Cal. App. 2016):
2 Defendant represents in his brief that while this case was pending on appeal, the trial court resentenced him pursuant to his petition under section 1170.18 (which gives him the retroactive benefit of a Nov. 2014 initiative that reclassified his offenses as misdemeanors), and gave him credit for time served. While we do not need to reach the issue in the present case, we note for the benefit of the parties that we recently found such action void in People v. Scarbrough (2015) 240 Cal.App.4th 916, 193 Cal.Rptr.3d 125. As a result, we will not find the failure to grant drug probation in the present appeal to be moot.
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