Probation / Parole / PRCS

Name: People v. Downey
Case #: B136294
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/02/2000
Subsequent History: Review denied 11/21/00
  • Categories: Abuse of Discretion, Consecutive Offenses, Probation, Probation / Parole / PRCS, Sentencing

Remand was required where the court erroneously believed that it had to sentence appellant on his conviction for felony possession of cocaine consecutive to his misdemeanor conviction. Because the record clearly demonstrates that the trial court failed to exercise its…

View Full Summary
Name: In re Rosenkrantz
Case #: B151016
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 01/18/2002
Subsequent History: Rev. granted 5/1/02.
  • Categories: Parole, Probation / Parole / PRCS

The governor’s parole review decisions are judicially reviewable. They must be based on the same record before the parole board and upon the same factors considered by the board, and based upon some evidence.

View Full Summary
Name: In re Ramirez
Case #: A092699
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 12/12/2001
Subsequent History: None
  • Categories: Parole, Probation / Parole / PRCS

The court ordered the parole board to hold another parole suitability hearing for the defendant in this highly fact specific case. The court ordered the parole board to use the following guidelines: the gravity and the public safety implications of…

View Full Summary
Name: In re Justin S.
Case #: B148299
District 2 DCA
Division: 4
Opinion Date: 11/06/2001
Subsequent History: None
  • Categories: Appeals, Probation, Probation / Parole / PRCS, Scope of Review

The juvenile court sustained a petition pursuant to Welfare and Institutions Code section 602 which charged the minor with robbery. At disposition, the court placed appellant on probation and ordered him not to engage in delinquent behavior, or to associate…

View Full Summary
Name: People v. Bianco
Case #: C036486
District 3 DCA
Opinion Date: 10/31/2001
Subsequent History: Rev. denied 1/16/02.
  • Categories: Areas Constitutional Law, Defenses, Probation, Probation / Parole / PRCS, Prop 215 (medical use of marijuana), Right to Privacy

Appellant pleaded guilty to cultivation of marijuana, and did not complete a diversion program. Prior to sentencing, he obtained a physician’s recommendation for the medical use of marijuana, which was facially in compliance with the California Compassionate Use Act. The…

View Full Summary
Name: People v. Rugamas
Case #: C035576
District 3 DCA
Opinion Date: 10/31/2001
Subsequent History: None
  • Categories: Penalties/Registration, Probation, Probation / Parole / PRCS, Sentencing

Defendant was convicted of brandishing a deadly weapon to avoid arrest (Pen. Code, sec. 417.8). He refused to put down a machete when ordered to do so, and when he began to enter his house despite an order not to…

View Full Summary
Name: People v. Stevens
Case #: C036493
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/29/2001
Subsequent History: Rehg. granted 6/25/01: opn. on rehg. 9/5/01 at 92 Cal.App.4th 11
  • Categories: Parole, Probation / Parole / PRCS

At sentencing, the Butte County Superior Court ordered appellant to report to the parole office in Kern County 48 hours after his release prison. Apparently the probation report suggested that appellant specifically committed the crimes in order to be paroled…

View Full Summary
Name: People v. Medina
Case #: C036049
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/30/2001
Subsequent History: None
  • Categories: Probation, Probation / Parole / PRCS

Appellant was sentenced in 1999 to three years in state prison, but the trial court suspended execution of the sentence and granted probation. In 2000, when appellant violated probation, the trial court sentenced appellant to state prison, stating that it…

View Full Summary
Name: People v. Brewer
Case #: A090565
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/23/2001
Subsequent History: None
  • Categories: Probation, Probation / Parole / PRCS

Under Penal Code section 296.1, subdivisions (c) and (d), of the DNA and Forensic Identification Data Base and Data Bank Act of 1998 ("The DNA Act"), an offender convicted of specified offenses including murder, spousal abuse and specified sex offenses,…

View Full Summary