Does a termination of probation render a defendant's appeal against the validity of his probation conditions moot?

California, United States of America


The following excerpt is from People v. Magat, H039935 (Cal. App. 2017):

In defense counsel's supplemental letter brief, he stated that his client had completed the three-year term of his probation. Therefore, counsel stated, his challenges to the probation condition imposed under section 1203.067, subdivision (b)(3), the condition imposed under section 1203.067, subdivision (b)(4), and the condition concerning residency were moot.2 The Attorney General, in his supplemental letter brief, agreed with this position. We agree that the circumstance of defendant's completion of probation has rendered his appellate challenges to the three probation conditions moot, and we will therefore not address the merits of the claims. (See People v. Moran (2016) 1 Cal.5th 398, 408, fn. 8 [termination of probation rendered defendant's challenge to validity of condition moot].)

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