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Name: People v. Hahn
Case #: B279344
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/19/2017

Termination of probation does not affect a court's power to enforce a prior lawful sentencing order when the jail sentence was not imposed as a term of probation. Several years after pleading guilty to drug possession, the trial court terminated Hahn's probation as unsuccessful and ordered him to serve 120 days in jail. Notwithstanding his history of failing to appear in court, the court stayed the execution of the sentence to permit Hahn to apply for work furlough and gave him a date to report to jail. Hahn failed to comply with the court's order and did not turn himself…

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Name: People v. Sandee
Case #: D070732
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/13/2017

Warrantless search of probationer's cell phone permissible based on her consent to be subject to warrantless searches of her "property" and "personal effects." In 2015, police conducted a probation search of Sandee's cell phone and found incriminating text messages indicating Sandee was involved in selling narcotics. Sandee moved to suppress the text messages. The trial court denied the motion, finding her cell phone fell within the scope of her probation search conditions. Sandee pleaded guilty to drug offenses and appealed. Held: Affirmed. In Riley v. California (2014) 573 U.S.__, the court held in the context of a search incident to…

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Name: In re Barber
Case #: B284060
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/14/2017

After probation expired, sheriff did not have authority to confine former probationer who failed to complete work release program. In 2007, Barber pleaded no contest to second degree commercial burglary, and the court sentenced him to three years' probation. In 2010, the court revoked and reinstated probation and sentenced Barber to 365 days in jail. In August 2010, Barber began a work release program in lieu of his jail sentence. He failed to complete the program, and an "IRC Want" was entered into the county warrant system. He appeared in court on multiple occasions after this, but apparently no one…

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Name: People v. Trujillo
Case #: D071715
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/21/2017

For defendant convicted of attempted robbery and assault, electronic search probation condition was valid under People v. Lent because it was reasonably related to preventing future criminality. Trujillo pleaded guilty to attempted robbery and assault by means likely to cause great bodily injury. The court sentenced Trujillo to one year in county jail and three years' formal probation. Over defense objection, the court imposed a condition of probation requiring Trujillo to submit his "computers and recordable media" to warrantless searches. He challenged the search term on appeal. Held: Affirmed. A condition of probation will not be held invalid unless it…

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Name: People v. DeLeon
Case #: S230906
Court: CA Supreme Court
District CalSup
Opinion Date: 07/24/2017

The Realignment Act, which transferred jurisdiction over most parole revocation hearings to the superior court, did not abrogate the need for a preliminary hearing pursuant to Morrissey v. Brewer (1972) 408 U.S. 471. Defendant was arrested for possession of pornography in violation of a term of his parole. The supervising parole agent with the Department of Corrections and Rehabilitation found probable cause to revoke his parole, gave him written notice of the alleged violation, and filed a parole revocation petition in the superior court. After an ex parte review, a judicial officer summarily revoked DeLeon's parole. At a hearing 19…

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Name: In re Palmer
Case #: A147177
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/26/2017

Board of Parole Hearings' refusal to calculate base and adjusted base term at inmate's parole hearing entitles youthful offender to new hearing. In 1988, when he was 17 years old, Palmer pleaded guilty to kidnapping for robbery. He was sentenced to life with the possibility of parole and has since been denied parole 10 times. At his most recent parole hearing in June 2015, the Board issued a five-year denial of parole and refused Palmer's request to calculate his base term and adjusted base term, stating it did not set terms for youthful offenders. Palmer filed a petition for writ…

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Name: People v. Castel
Case #: B271396
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 06/26/2017

Trial court properly overruled demurrer to parole revocation petition filed by district attorney that was not accompanied by the written report that must accompany petitions filed by supervising parole agencies. Castel was convicted of felony assault, sentenced to three years in state prison, and subsequently released on parole. In 2015, while on parole, Castel was convicted of misdemeanor criminal threats. Soon thereafter, the district attorney filed a petition seeking revocation of Castel's parole. Castel filed a demurrer to the petition, arguing that the petition was facially deficient because it was not accompanied by the written report required for petitions by…

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Name: Menefield v. Board of Parole Hearings
Case #: C083356
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/21/2017

Regulation allowing Board of Parole Hearings to consider "serious misconduct in prison or jail" in determining parole suitability is sufficiently clear. Menefield, a life inmate, filed a petition for writ of mandate challenging the validity of California Code of Regulations, title 15, section 2402, subdivision (c)(6), which provides that an inmate's "serious misconduct in prison or jail" can tend to show his unsuitability for parole. Menefield argued the regulation lacks clarity because it does not define "serious misconduct" and fails to inform prisoners that they may be denied parole for committing minor or administrative infractions. The trial court sustained the…

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Name: United States v. Cervantes
Case #: 15-50459
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/19/2017

Warrantless, suspicionless search of hotel room rented by defendant on mandatory supervision and his girlfriend did not violate Fourth Amendment. While Cervantes was on mandatory supervision, officers stopped him and his girlfriend for jaywalking. Upon learning Cervantes was on searchable "probation," officers searched Cervantes and found a hotel room key. They let Cervantes and his girlfriend go, but went to the hotel and searched their room without a warrant. In plain view, the officers found drug and counterfeiting paraphernalia. On appeal, Cervantes challenged the denial of his suppression motion. Held: Affirmed. The Ninth Circuit initially determined that mandatory supervision is…

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Name: People v. Cervantes
Case #: D069959
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/18/2017

A vehicle search based on a passenger's probation status may extend beyond the probationer's person and seat, but is confined to areas the officer reasonably believes the probationer could have stowed or discarded items, including an unlocked center console. Police stopped Cervantes for driving with expired registration and searched the car after learning that Cervantes' female passenger was on searchable probation. The search began in two bags in the back seat. Both bags contained items that clearly belonged to a man but officers continued to search them anyway and found drugs. Officers also found more drugs in the center…

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