Probation / Parole / PRCS

Name: In re Casey (2023) 95 Cal.App.5th 1265
Case #: B321709
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/28/2023
  • Categories: Parole, Probation / Parole / PRCS

The trial court’s order granting defendant’s habeas petition was improper where the Governor’s decision to reverse the parole board’s decision to grant parole was supported by “some evidence.” Defendant is serving a life term for the murder of a 15…

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Name: CDCR v. Superior Court (2023) 94 Cal.App.5th 1025
Case #: A166559
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/25/2023
  • Categories: Parole, Plea Bargaining, Pleas, Probation / Parole / PRCS

Superior court did not have authority to accept a negotiated plea deal that would place lifetime parolee on probation for a new criminal offense instead of remanding him to CDCR’s custody. While defendant was released on lifetime parole, he committed…

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Name: People v. Gray (2023) 15 Cal.5th 152
Case #: S269237
Court: CA Supreme Court
Opinion Date: 08/14/2023
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Due Process, Probation / Parole / PRCS

Opinion by: Chief Justice Guerrero (unanimous decision). Justice Groban also filed a concurring opinion. In probation revocation hearings, due process requires that trial courts determine on a case-by-case basis whether spontaneous hearsay statements are admissible. Gray was charged with inflicting…

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Name: People v. Session (2023) 93 Cal.App.5th 723
Case #: G060536
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/19/2023
  • Categories: Cars, Parole, Probation / Parole / PRCS, Search & Seizure, Searches, Searches w/o Warrant

Investigator who identified defendant as a burglary suspect and knew of his parole status properly placed a warrantless GPS tracking device on his vehicle; the source of his knowledge regarding defendant’s parole status was not legally relevant. Defendant was a…

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Name: People v. Gruis (2023) 94 Cal.App.5th 19
Case #: A165298
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/01/2023
  • Categories: Probation / Parole / PRCS, Probation Conditions

Probation condition prohibiting defendant from possessing pornographic materials is unconstitutionally vague. Defendant pleaded no contest to one count of possession of child pornography. (Pen. Code, § 311.11(a)). On appeal, defendant challenged a probation condition prohibiting him from possessing pornographic materials,…

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Name: People v. Hernandez (2023) 93 Cal.App.5th 1
Case #: B315243
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/22/2023
Subsequent History: Ordered published 7/3/2023
  • Categories: Bifurcation of Gang Allegations, Jurisdiction & Venue, Jurisdiction Over Person, Probation, Probation / Parole / PRCS

Original trial court retained jurisdiction over motion to withdraw plea filed by a former probationer whose probation had been transferred from the county of conviction to his county of permanent residence. The supervision of defendant’s probation was transferred from the…

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Name: People v. Jackson (2023) 93 Cal.App.5th 207
Case #: A164649
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/06/2023
  • Categories: AB 1950, Legislation, Probation / Parole / PRCS, Retroactivity/Abatement

Trial court had no jurisdiction to find a violation of probation because, due to Assembly Bill No. 1950’s retroactive change to Penal Code section 1203.1, defendant’s probationary term had expired before the misconduct occurred. In January 2017, defendant entered a plea…

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Name: People v. Prudholme (2023) 14 Cal.5th 961
Case #: S271057
Court: CA Supreme Court
Opinion Date: 06/26/2023
  • Categories: AB 1950, Guilty Pleas, Plea Bargaining, Pleas, Probation / Parole / PRCS

Opinion by: Justice Corrigan (unanimous decision) Assembly Bill No. 1950 applies retroactively to all nonfinal cases. In 2018, defendant was charged with second degree robbery and faced a maximum sentence of five years in prison. Pursuant to a negotiated disposition, defendant…

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Name: People v. Tilley (2023) 92 Cal.App.5th 772
Case #: C096411
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/20/2023
  • Categories: Lower term under AB 124/SB 567, Parole, Probation / Parole / PRCS, Sentencing

Defendant’s claim that the trial court erred by failing to consider the low-term presumption of Penal Code section 1170(b)(6) was forfeited where defendant did not raise the issue, and trial counsel was not prejudicially ineffective for failing to raise the…

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Name: In re Van Houten (2023) 92 Cal.App.5th 1
Case #: B320098
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/30/2023
  • Categories: Parole, Probation / Parole / PRCS

Governor’s decision reversing grant of parole was not supported by “some evidence” of current dangerousness. Van Houten is serving concurrent sentences of seven years to life for two 1969 murders committed with other members of a cult led by Charles Manson.…

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