Probation / Parole / PRCS

Name: People v. Barboza
Case #: A150888
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 03/14/2018
  • Categories: Probation, Probation / Parole / PRCS, Prop 57 Juvenile, Sentencing

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…

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Name: People v. Chavez
Case #: S238929
Court: CA Supreme Court
District CalSup
Opinion Date: 04/26/2018
  • Categories: Probation, Probation / Parole / PRCS

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.…

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Name: People v. Maldonado
Case #: H044815
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/12/2018
  • Categories: Probation, Probation / Parole / PRCS, Search & Seizure, Searches w/o Warrant

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…

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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
  • Categories: Areas Constitutional Law, Due Process, Probation, Probation / Parole / PRCS

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…

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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
  • Categories: Credits, Probation, Probation / Parole / PRCS, Sentencing

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…

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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
  • Categories: Probation, Probation / Parole / PRCS, Search & Seizure, Searches w/o Warrant

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…

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Name: People v. Tran
Case #: G053424
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/16/2018
  • Categories: By CALCRIM Number, General Principles, Indeterminate Sentencing, Jury Instructions, Parole, Probation / Parole / PRCS, Sentencing

Trial court did not prejudicially err by giving kill zone instruction that did not identify the murder victim as the primary target and instead named an attempted murder victim as both the primary target and a secondary victim of the…

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Name: People v. Arevalo
Case #: G054483
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/17/2018
  • Categories: Areas Constitutional Law, Other, Probation, Probation / Parole / PRCS

Probation condition requiring defendant convicted of possessing methamphetamine for sale to maintain a residence approved by the probation officer was constitutionally valid. The defendant was convicted of possession of methamphetamine for sale and granted probation. One of the conditions of…

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Name: People v. Valdivia
Case #: C082622
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/08/2017
  • Categories: Probation, Probation / Parole / PRCS

For defendant convicted of domestic abuse offense, electronic search probation condition is unconstitutionally overbroad. Defendant assaulted his wife and pleaded no contest to corporal injury on a spouse in exchange for probation. Over defendant's objection, the trial court imposed a…

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Name: People v. Lozano
Case #: B278663
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 11/09/2017
  • Categories: Cruel and Unusual Punishment, Indeterminate Sentencing, Parole, Probation / Parole / PRCS, Sentencing

Senate Bill No. 394, which amends Penal Code section 3051 to make juvenile offenders sentenced to LWOP eligible for a parole suitability hearing, renders juvenile offender's challenge to LWOP sentence moot. Lozano was sentenced to LWOP in 1996 following her…

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