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Name: People v. Malago
Case #: D069858
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/27/2017

Trial court erred in failing to rule on defendant's objection to mandatory supervision conditions, but the error was harmless. In January 2016, Malago pleaded guilty to importing a controlled substance (Health & Saf. Code, § 11352, subd. (a)). The trial court imposed a five-year split sentence, with the concluding 30 months on mandatory supervision. In addition, the trial court imposed certain alcohol-related conditions of supervision. While it noted Malago's objections to the conditions, the trial court delegated a ruling on them to the future "mandatory supervision judge." Malago appealed. Held: Affirmed. "The sentencing court has broad statutory discretion in…

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Name: People v. Hall
Case #: S227193
Court: CA Supreme Court
District CalSup
Opinion Date: 02/09/2017

Probation terms barring defendant's possession of firearms and illegal drugs need not contain an express scienter provision because the terms implicitly include a knowledge requirement. Hall was convicted of possessing cocaine base for sale (Health & Saf. Code, § 11351.5) and was granted probation. For the first time on appeal, he challenged two conditions of his probation barring his possession and use of illegal drugs and firearms as unconstitutionally vague. The Court of Appeal affirmed. Review was granted. Held: Affirmed. A probation condition is valid if it relates to the crime for which the defendant was convicted, relates to other…

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Name: People v. Dillard
Case #: H042086
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/14/2017

The sex offender management program that is mandated as a condition of probation for sex offenders (Pen. Code, § 1203.067) was not a direct consequences of defendant's plea and thus did not require a pre-plea advisement. Dillard entered a no contest plea to human trafficking of a minor (Pen. Code, § 236.1, subd. (c)). Prior to sentencing he moved to withdraw the plea because he had not been advised that the sex offender management program was required if probation were granted (Pen. Code, § 1203.067). His motion was denied and the trial court granted probation. Dillard appealed. Held: Affirmed. When…

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Name: In re Q.R.
Case #: H043075
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/27/2017

Probation condition allowing search of electronic devices is not overbroad where minor possessed child pornography and committed extortion using electronics. Q.R. used his cell phone to record him and Doe having sex and then threatened to show other high school students the recordings unless she gave him money. Following his admission to felony possession of child pornography and extortion, the juvenile court adjudged him a ward and placed him on probation. One of the conditions required that he submit to warrantless searches of all electronic devices in his control and provide the necessary passwords. He appealed, arguing that the condition…

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Name: In re Perez
Case #: A145279
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 12/29/2016

Board of Parole Hearings did not properly conduct petitioner's parole hearings and the parole denials were not supported by some evidence. Perez filed habeas petitions in 2014 and 2016 after the Board denied him parole for a 1997 carjacking and kidnapping to commit robbery he committed when he was 16 years old. The Board found he posed an unreasonable danger to society if paroled because he lacked insight into the causes of his criminality. Held: Consolidated petition granted and remanded. "The proper articulation of the standard of review is whether there exists 'some evidence' demonstrating that an inmate poses a…

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Name: People v. Gonzalez
Case #: G052436
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/09/2017

Trial court erred by finding a homeless man violated the conditions of his postrelease community supervision (PRCS) by failing to report a change in residence. Gonzalez was released from prison on PRCS in July 2012. He was transient and had no residence. In May 2015, he was held for a mental health assessment under Welfare and Institutions Code section 5150, subdivision (a). After his release from the facility, Gonzalez failed to notify his probation officer of his change of residence despite a PRCS condition requiring that he do so. The probation officer filed a petition to revoke his…

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Name: People v. Relkin
Case #: C078628
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/22/2016

Mandatory supervision condition requiring defendant to obtain permission before leaving California is constitutional and reasonably related to defendant's future criminality. Relkin entered a guilty plea to resolve two pending cases charging various drug sales offenses. He was given a split sentence in county prison. On appeal he challenged several of the supervision conditions. Held: Remanded for modification of one term. A defendant placed on mandatory supervision is under the direction of a county probation officer in accordance with terms and conditions generally applicable to probationers. (Pen. Code, § 1170, subd. (h)(5)(B)(1).) A condition of probation will not be held invalid…

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Name: People v. Chavez
Case #: C074138
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/03/2016

Penal Code section 1203.4 is the exclusive method by which a trial court can dismiss the conviction of a defendant who has successfully completed probation. Chavez pleaded no contest to offering to sell a controlled substance and failure to appear. He was placed on probation for four years. After Chavez successfully completed probation, he filed a motion pursuant to Penal Code section 1385, requesting that the action be dismissed. The trial court found it had no authority after probation has expired to entertain the motion under section 1385. Chavez appealed. Held: Affirmed. An eligible defendant may move to withdraw his…

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Name: People v. Forney
Case #: A144450
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 10/04/2016

Probation condition requiring that probationer waive Fifth Amendment rights and submit to polygraph tests or else face the denial of probation and incarceration is unconstitutional; Fifth Amendment waiver requirement must be stricken. Forney was placed on probation after pleading no contest to two sex offenses. He appealed, arguing that a probation condition that required a Fifth Amendment waiver and that he submit to polygraph tests or else face denial of probation and incarceration was unconstitutionally coercive. Held: Condition stricken in part. Minnesota v. Murphy (1984) 465 U.S. 420, and McKune v. Lile (2002) 536 U.S. 24, 35, "make clear a…

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Name: People v. VonWahlde
Case #: F069946
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/05/2016

Trial courts do not have authority to terminate parole under Penal Code section 1385. VonWahlde entered into a plea agreement that resolved both a parole revocation case and a new case. He stipulated to five years in prison for the new case to run concurrently with the parole revocation case. The trial court purported to exercise its discretion under section 1385 to order parole terminated because the court thought it served no purpose to keep VonWahlde on parole while he was serving a five-year prison term. The People appealed. Held: Order vacated. The 2011 Realignment Act transferred jurisdiction from…

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