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Name: People v. Osorio
Case #: G048876
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/17/2015

Defendant’s demurrer to parole revocation petition should have been sustained where the petition failed to state why intermediate measures would not suffice. Osorio violated a condition of parole by briefly talking to two men who he knew were gang members. A parole revocation was recommended. Osorio demurred to the petition for revocation. The trial court overruled the demurrer, revoked parole, credited Osorio with time served and reinstated parole. He appealed. Held: Reversed. The CDCR Division of Adult Parole Operations may petition a court to revoke parole, if it has determined that intermediate sanctions are not appropriate. The petition must include the CDCR’s reasons as to why intermediate sanctions will not suffice. (Pen. Code, § 3000.08, subd. (f); Cal. Rules of Court, rule 4.541.) The petition here failed to do so. Further, although the technical parole violation was conceded, the alleged violation was talking to two gang members for 10 minutes. The facts alleged in the petition did not warrant revocation of parole. Although Osorio’s issue is moot, it is worth ruling on because of its likelihood to recur.