P. v. Simpson CA4/1
As part of a plea bargain, Tevine Taj Simpson agreed to plead no contest to one count of using personal identifying information without authorization (Pen. Code, § 530.5, subd. (a)), in exchange for receiving a 16-month lower-term sentence, to be served locally and with no postrelease supervision. But in December 2019, after Simpson repeatedly failed to appear in court, the trial court exercised the Cruz waiver incorporated in the plea bargain and sentenced Simpson to a three-year upper-term sentence (still to be served locally and without postrelease supervision).
On appeal, Simpson challenges only the trial court’s imposition of the upper-term sentence. As we will explain, however, Simpson’s appeal is moot because he fully served his sentence as of May 2021, is not subject to postrelease supervision, and has not identified any ground on which we should exercise our discretion to entertain a moot appeal. Accordingly, we will dismiss the appeal.
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