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Name: People v. Reed
Case #: A168358, A168368
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/27/2024
Summary

The Court of Appeal holds that defendant, who was convicted of second degree murder and paroled in 2021 to a three-year term, was not subject to PC 3000.08(h)’s mandatory remand-to-CDCR provision upon violating parole. PC 3000.08(h) applies to lifetime parolees convicted of first or second degree murder (PC 3000.1) or persons convicted of specified sex offenses (PC 3000(b)(4)). Although PC 3000.1(a)(1) provides that any inmate sentenced to first or second degree murder with a maximum life imprisonment term shall be a lifetime parolee, PC 3000.01(a), effective August 6, 2020, limited parole terms to three years for any inmate sentenced to a life term who is released on parole after July 1, 2020. PC 3000.01 was enacted after PC 3000.1, so the later conflicting enactment prevails.

The full opinion is available on the court’s website here:  https://www.courts.ca.gov/opinions/documents/A168358.PDF