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Name: People v. Bianco
Case #: C036486
District 3 DCA
Opinion Date: 10/31/2001
Subsequent History: Rev. denied 1/16/02.

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 probation report noted that the physician’s recommendation was not obtained until well after the offense in this case was committed. At sentencing, appellant objected to a probation condition that he not use or possess marijuana. The trial court imposed the condition, and appellant appealed. Here, the appellate court rejected appellant’s argument that the probation condition…

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Name: In re Justin S.
Case #: B148299
District 2 DCA
Division: 4
Opinion Date: 11/06/2001
Subsequent History: None

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 with any gang members or anyone disapproved of by his parents or probation officer. Appellant did not object to these conditions of probation. On appeal, he argued that the conditions were vague and overbroad. The court held that the the delinquent behavior condition was not vague and that the law provided sufficient notice of what delinquent…

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Name: People v. Rugamas
Case #: C035576
District 3 DCA
Opinion Date: 10/31/2001
Subsequent History: None

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 do so, he was shot five times with rubber bullets. He was injured and the police department paid his resulting $6600 hospital bills. He was granted probation and ordered to pay the $6600 in restitution to the police department as a condition of probation under Penal Code section 1203.1. The appellate court held the order was…

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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

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 in Butte County. The Court of Appeal rejected the People's concession that the trial court had no authority to direct appellant to a specific parole office. The appellate court found sufficient support in the record to support the implied finding that defendant's last legal residence was in Kern County. Penal Code section 1170, subdivision (a)(3) requires…

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Name: People v. Medina
Case #: C036049
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/30/2001
Subsequent History: None

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 had no choice but to impose the prison term since it had been suspended. The court also stated that it probably would have granted probation, if it had the discretion. The appellate court here reversed and remanded to the trial court with directions to exercise its discretion regarding the reinstatement of probation. Upon violation and revocation…

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Name: People v. Brewer
Case #: A090565
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/23/2001
Subsequent History: None

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, must submit two specimens of blood and a saliva sample for DNA testing. Therefore, appellant's condition of probation that he submit DNA samples, following the conviction for a theft offense, was not authorized by this section. However, the error here was harmless because appellant had a prior conviction for sexual battery. Because of that conviction, he was required…

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Name: In re Caswell
Case #: A093799
District 1 DCA
Division: 5
Opinion Date: 10/10/2001
Subsequent History: Reh. denied 11/8/01. Rev. denied 1/23/02.

Caswell was granted parole by the Board of Prison Terms (BPT) in 1986, with a release date in 2000. In 1999, BPT found good cause and rescinded the date. The trial court granted Caswell’s writ of habeas corpus and reinstated the date, and BPT appealed. Here the Court of Appeal reversed. BPT is authorized to rescind a parole date for good cause, not limited to those enumerated in Title 15. There must be a factual underpinning for the finding of good cause. While BPT cannot rescind a date arbitrarily, it does not abuse its…

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Name: Hoffman v. Arave
Case #: 99-99002
Court: US Court of Appeals
District 9 Cir
Opinion Date: 01/03/2001
Subsequent History: None

Because Apprendi v. New Jersey (2000) 530 U.S. — [147 L.Ed.2d 435, 120 S.Ct. 2348], did not overrule Walton v. Arizona (1990) 497 U.S. 639, it was not error for the district judge, rather than the jury, to determine the aggravating circumstances in a capital case. A presentence interview in a capital case is a "critical stage" for Sixth Amendment purposes, to which the right to counsel attaches, and this is not a new rule within the meaning of Teague v. Lane (1989) 489 U.S. 288. The Court of Appeals could not determine, on this record, whether the…

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Name: People v. Stevens
Case #: C036593
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/05/2001
Subsequent History: Rehearing Granted June 25, 2001. Opinion on Rehearing September 5, 2001

The Butte County Superior Court ordered defendant, at sentencing on an offense committed in Butte County while on parole from Kern County, to report to the Kern County parole office upon his release from prison. The appellate court held this was error, since the applicable statutes give this authority to the parole board and not the sentencing court where the defendant does not have enough credit to satisfy the term…

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Name: People v. Tapia
Case #: B146305
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 08/14/2001
Subsequent History: Rehearing Denied September 5, 2001. Review Denied December 12, 2001

Appellant Tapia was sentenced to three years probation in July of 1996. As a condition of probation, he was ordered not to re-enter the country illegally, and if he did return, to report to probation within 24 hours of his return and present documentation. Later that year, he was deported to Mexico. In September, 2000, Tapia returned to California and was arrested. At a probation violation hearing, his probation was revoked and reinstated until 2003. Here, the appellate court reversed. The trial court had no jurisdiction to extend the term of probation. The…

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