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Name: Gholipour v. Superior Court (San Diego County)
Case #: D072235
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/24/2017

When a Court of Appeal vacates a restitution award in a case that has been transferred to another county under Penal Code section 1203.9, the transferring court retains jurisdiction to impose a new restitution order consistent with the appellate court's instructions on remand. Following Gholipour's convictions for fraud and perjury, the San Diego County Superior Court imposed a split sentence and entered a restitution award. While her appeal in the case was pending, Gholipour completed the custody portion of her sentence and was released on mandatory supervision. She began living in Orange County, and the San Diego court granted her…

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Name: People v. Buell
Case #: A144046
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/25/2017

Trial court's order revoking mandatory supervision based on alcohol consumption alert from alcohol monitoring ankle bracelet was supported by substantial evidence. Buell pleaded guilty to driving under the influence of alcohol. His sentence included mandatory supervision with a condition prohibiting him from drinking alcohol. He was required to wear an ankle monitoring bracelet operated by a private company (AMS). After AMS reported Buell had consumed alcohol, the People petitioned to have his supervision revoked. At the revocation hearing, the probation department's lead case manager testified the bracelet operates by measuring changes in baseline alcohol level.…

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