Probation / Parole / PRCS

Name: People v. Nakano (2023) 89 Cal.App.5th 623
Case #: H049057
Opinion Date: 03/20/2023
  • Categories: Probation, Probation / Parole / PRCS, Probation Conditions

Summary

Trial court abused its discretion when it terminated sex offender’s probation early without applying the standard required by Penal Code section 1203.3(a). Nakano, a Japanese national, pleaded no contest to possession of child pornography. The trial court placed him on…

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Name: People v. Bautista-Castanon (2023) 89 Cal.App.5th 922
Case #: A162579
Opinion Date: 03/28/2023
  • Categories: Lower term under AB 124/SB 567, PC 1385/SB 81, Probation, Probation / Parole / PRCS, SB 567 Upper Term, Sentencing

Summary

Under Penal Code section 1170, as amended by Senate Bill No. 567, there is no jury-finding requirement for facts used to impose a middle term when the lower term is the presumed sentence. Defendant was convicted of sexual penetration of…

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Name: People v. Ngo (2023) 89 Cal.App.5th 116
Case #: E078723
Opinion Date: 03/10/2023
  • Categories: Areas Constitutional Law, Equal Protection, Probation / Parole / PRCS, Youth Offender Parole

Summary

Penal Code section 3051 does not violate equal protection because there is a rational basis for excluding youthful offenders sentenced to LWOP from youthful offender parole hearings. Ngo, at the age of 19, was convicted of first degree murder, with…

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Name: People v. Czirban
Case #: H047748
Opinion Date: 08/17/2021
  • Categories: Evidence, Insufficiency/Sufficiency of, Probation, Probation / Parole / PRCS

Summary

Defendant's convictions for regulatory offenses upheld where the evidence supported a finding he had an employment relationship with his equipment operators. Czirban was convicted of regulatory offenses, including tax evasion and failure to secure workers' compensation insurance, following a fatal…

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