Probation / Parole / PRCS

Name: People v. Cruz-Lopez
Case #: A152348
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 08/21/2018
  • Categories: Ineff. Assist. Counsel (IAC), PC 1473.7 Motion Immigration Consequences, Pleas, Probation, Probation / Parole / PRCS, Right to Counsel

A defendant who is on probation is still in constructive custody and may not move to vacate a guilty plea pursuant to Penal Code section 1473.7. In January 2014, defendant entered pleas in several cases, including a guilty plea to…

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Name: People v. Eastman
Case #: H044458
District 6 DCA
Opinion Date: 08/23/2018
  • Categories: Probation, Probation / Parole / PRCS

A court does not have discretion to impose a condition of probation requiring sex offender registration outside the parameters of Penal Code section 290 et seq. Defendant pleaded guilty to six counts of disorderly conduct (Pen. Code, § 647, subd.…

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Name: In re Edwards
Case #: B288086
District 2 DCA
Division: 5
Opinion Date: 09/07/2018
  • Categories: Parole, Probation / Parole / PRCS, Prop 57 Parole, Sentencing

CDCR's regulations excluding nonviolent offenders serving a life sentence from early parole consideration under Proposition 57 are inconsistent with the voters' intentions and therefore must be repealed. In 1998, Edwards was convicted of nonviolent felonies and sentenced to 53 years…

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Name: People v. Nuno
Case #: D072152
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/13/2018
  • Categories: Probation, Probation / Parole / PRCS

Defendant who was convicted of leaving the scene of an injury accident was not ineligible for probation under Penal Code section 1203, subdivision (e)(4) because he did not use or attempt to use a deadly weapon in connection with his…

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Name: In re Williams
Case #: B286241
District 2 DCA
Division: 2
Opinion Date: 06/20/2018
  • Categories: Probation / Parole / PRCS, Youth Offender Parole

A youth offender granted parole under Penal Code section 3051 is not required to serve a consecutive sentence for an in-prison offense committed after age 25. In 1991, at age 21, Williams was convicted of first degree murder and was…

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Name: In re Poole
Case #: A152341
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/22/2018
  • Categories: Parole, Probation / Parole / PRCS

Board of Parole Hearing's denial of parole vacated where record reflects no support for Board's finding that defendant had no insight into his crime and therefore posed a threat to public safety. In 1988, Poole was convicted of second degree…

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Name: People v. Miller
Case #: H043613
District 6 DCA
Opinion Date: 05/29/2018
  • Categories: Probation, Probation / Parole / PRCS, Remedies, Sentencing

The five-year California residency prerequisite to filing a petition for certificate of rehabilitation applies to probationers as well as defendants who are released from prison or jail. Miller was convicted of felony transportation or sale of marijuana in 1987. He…

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Name: In re Jenson
Case #: B286056
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 06/06/2018
  • Categories: Probation / Parole / PRCS, Youth Offender Parole

Penal Code section 3051, which is the later-enacted and more specific statute regarding parole for youthful offenders, supersedes Penal Code section 1170.1 with respect to sentences for in-prison offenses. In 1979, at age 19, Jenson committed first degree felony murder.…

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Name: People v. Killion
Case #: E068225
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/11/2018
  • Categories: Probation, Probation / Parole / PRCS

Although Penal Code section 1203.097 mandates imposition of a three-year probation term for a defendant convicted of a domestic violence offense, a trial court still has discretion to terminate probation before the term has expired. Defendant pleaded guilty to assault…

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Name: In re G.B.
Case #: A152105
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/31/2018
  • Categories: Probation, Probation / Parole / PRCS

Probation condition requiring minor to obtain probation officer's approval before changing his residence was not unconstitutional. Following a contested jurisdictional hearing, the juvenile court sustained allegations in a delinquency petition that G.B. possessed a concealable firearm in violation of Penal…

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