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Name: People v. Miller
Case #: H043613
District 6 DCA
Opinion Date: 05/29/2018

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 was placed on probation with county jail time. In 2015, while living in Montana, he petitioned for a certificate of rehabilitation (Pen. Code, § 4852.01 et seq.). The petition was denied because Miller did not reside in California when he filed it. He appealed, alleging the residency requirement only applies to defendants who are released from state prison or a…

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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

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. He was convicted and sentenced to 25 years to life. During his first nine years of incarceration, he committed three in-prison felonies: escape, possession of a weapon, and assault with a deadly weapon on an officer. The assault occurred when he was 29 years old. He received additional time for the in-prison crimes. Jenson was found suitable for parole…

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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

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 with a deadly weapon. Pursuant to the plea agreement she was placed on formal probation for three years, with domestic violence terms pursuant to section 1203.097. Fifteen months later, after completing the required classes and conditions, defendant petitioned to terminate probation and reduce her offense to a misdemeanor. The trial court reduced the offense to a misdemeanor, but…

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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

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 Code section 29610. He was placed on juvenile probation. On appeal, G.B. challenged four of his conditions of probation, including one that prohibited him from changing his residence without prior approval from his probation officer. He argued that the condition is facially overbroad, unconstitutionally restricts his right to travel and associate with his family, and grants arbitrary decisionmaking power…

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Name: People v. Barboza
Case #: A150888
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 03/14/2018

Defendant on probation was not entitled to retroactive application of Proposition 57 under In re Estrada (1965) 63 Cal.2d 740 because his conviction was final before Proposition 57 went into effect. In July 2016, Barboza pleaded guilty to a single count of robbery and admitted a firearm allegation in adult court. He was a minor at the time of the offenses. The trial court imposed a six-year prison term, suspended execution of the sentence, and placed Barboza on probation. He did not appeal. On November 8, 2016, Proposition 57 passed, requiring a judge, not a prosecutor, to…

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Name: People v. Chavez
Case #: S238929
Court: CA Supreme Court
District CalSup
Opinion Date: 04/26/2018

Penal Code section 1385 does not provide trial courts authority to dismiss actions against defendants who have successfully completed probation. Chavez pleaded no contest to offering a controlled substance for sale and failure to appear. He was placed on probation. Upon successful completion of probation, he asked for dismissal of his previous convictions under Penal Code section 1385. The trial court found it lacked authority after the end of probation to grant the motion. This decision was affirmed on appeal, the court finding that Penal Code section 1203.4 is the exclusive method by which a trial court may dismiss the…

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Name: People v. Maldonado
Case #: H044815
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/12/2018

Probation condition allowing warrantless search of electronics and disclosure of passwords was not an improper term nor overbroad. Defendant was convicted of possessing methamphetamine for sale. He was placed on probation. One term of probation required him to submit all of his electronic devices to warrantless search and to provide the passwords necessary to access the devices. Trial counsel argued the conditions were overbroad, vague, and lacked a nexus to the crime because they also allowed computers and notebooks to be searched. Defendant appealed the probation term. Held: Affirmed. A probation condition is not invalid unless it has no relationship…

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Name: People v. Rhinehart
Case #: A148548
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 02/28/2018

Gang Probation condition prohibiting defendant from being adjacent to a school campus except under certain circumstances was modified to specify that he must maintain a 50-foot distance from any school campus. Rhinehart pleaded no contest to carrying a dirk or dagger and exhibiting a deadly weapon after he harassed a group of children in a frozen yogurt shop and physically fought with a customer. He was granted probation. On appeal he challenged three conditions of probation as vague. One of the three challenged conditions was a gang condition that provided "You shall not be adjacent to any school…

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Name: People v. Arevalo
Case #: A150804
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 02/26/2018

Trial court misinformed probationer convicted of violent felony that he would receive the same number of conduct credits if he was ultimately sentenced to prison. After pleading guilty to a violent felony (Pen. Code, § 288.5, subd. (a)), Arevalo was placed on probation, with 365 days in jail as a condition. The court informed him that he would have to waive his custody credits that exceeded 365 days before it granted probation. The 365 days of credits included 183 credits for actual time served and 182 conduct credits under Penal Code section 4019. The court also explained that, if…

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Name: People v. Acosta
Case #: D071575
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/06/2018

Electronic search condition of probation is reasonably related to future criminality and is justified by the state's interest in public safety. Appellant was granted probation following a conviction for felony vandalism (Pen. Code, § 594, subds. (a), (b)(2)(A)) committed for the benefit of a gang (Pen. Code, § 186.22, subd. (d)). His probation terms required him to submit his electronic devices, such as computers, to warrantless searches. On appeal, he challenged the condition as overbroad and unreasonable. Held: Affirmed. A trial court has broad discretion to impose reasonable conditions of probation. A condition is invalid under People v. Lent (1975)…

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