How have the courts dealt with a motion to revoke a defendant's community supervision order?

Defendant asserts that his constitutional rights were violated by the procedures that resulted in his flash incarcerations. Section 3453, subdivision (q) provides, "[C]ommunity supervision shall include the following conditions: [] . . . [] (q) The person shall waive any right to a court hearing prior to the imposition of a period of 'flash incarceration' . . . ." However, aside from defense counsel's guess that defendant executed a not described waiver during the last or all of his flash incarcerations, the record before us contains no other information about the procedural protections surrounding them. Therefore, we have no basis upon which to address defendant's claim. Moreover, because defendant did not object to the petition to revoke his community supervision on this basis, he forfeited it. (People v. Abilez (2007) 41 Cal.4th 472, 521, fn. 12.)⁴

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The order dismissing the petition is reversed.