Does the Attorney General have jurisdiction to dismiss an order dismissing appellant's probation?

California, United States of America


The following excerpt is from People v. K.S. (In re K.S.), H041562 (Cal. App. 2016):

In October 2014, appellant filed his notice of appeal. Two months later, the juvenile court dismissed appellant's probation. No notice of appeal was filed from this order. A notice of appeal in a juvenile case must generally be filed "within 60 days after the rendition of the judgment or the making of the order being appealed." (Cal. Rules of Court, former rule 8.406(a)(1).) "A timely notice of appeal, as a general matter, is 'essential to appellate jurisdiction.' " (People v. Mendez (1999) 19 Cal.4th 1084, 1094.) Here, since there has been no appeal from the order dismissing appellant's probation, this court does not have jurisdiction to decide the issue raised by the Attorney General.

Page 6

Other Questions


Does the Attorney General have jurisdiction to sentence a defendant who violated probation for indecent exposure after the trial court has formally revoked his probation? (California, United States of America)
Can a probation officer request that appellant be released from probation even though appellant was on probation? (California, United States of America)
In what circumstances would the Attorney General dismiss a petition brought by a plaintiff against an order requiring her lawyers to produce a new set of documents to challenge the order? (California, United States of America)
Does Attorney General Jeff Sessions have to appeal from an order after judgment where he was ordered to pay attorney fees? (California, United States of America)
Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed? (California, United States of America)
Does appellant's failure to seek modification of his probation sentence prior to his probation violation have any bearing on subsequent efforts by appellant to modify his sentence? (California, United States of America)
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
When will a court strike down a probation order requiring a defendant to search their electronic devices in order to be placed on probation? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
Can a judge order a no contact order in a motion brought by the Attorney General? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.