Can an appeal against a determinate sentence under Proposition 36 of the California Penal Code be considered moot?

² Counsel for appellant recently notified this court that the appeal had become moot because defendant has been "resentenced to a determinate term ... pursuant to the discretionary sentencing provisions of Proposition 36. (Pen.Code, 1170.126.)" However, " "[i]f an action involves a matter of continuing public interest and the issue is likely to recur, a court may exercise an inherent discretion to resolve that issue, even though an event occurring during its pendency would normally render the matter moot." " (Baluyut v. Superior Court (1996) 12 Cal.4th 826, 829, fn. 2, 50 Cal.Rptr.2d 101, 911 P.2d 1, and cases cited.) This is just such a case, and we have certified this opinion for publication. (See Cal. Rules of Court, rule 8.1105(c)(5) [addresses "conflict in the law"], (6) ["legal issue of continuing public importance"].)