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Name: People v. Zamudio
Case #: B271406
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/15/2017

A petition to revoke parole filed by the district attorney need not include a report detailing why intermediate sanctions are inappropriate, as is required of the supervising parole agency. Zamudio was convicted of making a criminal threat (Pen. Code, § 422) and sentenced to state prison. In April 2014, he was released on parole. The district attorney sought to revoke his parole (Pen. Code, § 1203.2) after he assaulted a woman. Zamudio demurred to the petition because it failed to include a written report as to why intermediate sanctions without court intervention were inappropriate, as is required in petitions filed…

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Name: People v. Superior Court (Rodas)
Case #: C082363
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/20/2017

Trial court lacked jurisdiction to grant motion to withdraw nine-year-old plea to accord defendant the benefit of a statutory amendment requiring that transportation of drugs be for purposes of sale. In 2007 Rodas pleaded no contest to transporting heroin for personal use under former Health and Safety Code section 11352 and was granted probation. She violated probation on several occasions and then absconded. In 2015, she filed a motion to vacate her felony transportation conviction and replace it with misdemeanor possession of heroin. She sought the retroactive application of a 2014 amendment to section 11352 that requires the transportation to…

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Name: In re R.S.
Case #: D071020
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/28/2017

Overbreadth and vagueness challenges to general property-related probation search condition were forfeited because there was no objection in juvenile court when the condition was imposed. Based on a plea agreement addressing two separate delinquency petitions, R.S. admitted one count of robbery (Pen. Code, § 211) and one count of resisting an executive officer (Pen. Code, § 69). At the disposition hearing, the juvenile court adjudged R.S. a ward and set the terms of his probation. R.S. did not object. On appeal, R.S. challenged a condition permitting warrantless searches of his property as vague and overbroad. Held: Affirmed. While an objection…

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Name: In re Oswaldo R.
Case #: A148364
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 05/02/2017

Probation condition prohibiting minor from participating in "gang-related activities" was not unconstitutionally vague. The 14-year-old appellant was originally declared a ward and placed on probation for misdemeanor battery (Pen. Code, § 243.2). While on probation, he entered a plea to misdemeanor vandalism. He was removed from his parents' custody, and placed on probation in a program through juvenile hall. Appellant objected to and appealed a gang condition of probation that prohibited him from participating in any "gang-related activity." Held: Affirmed. Under the void for vagueness doctrine, an order must be sufficiently precise to afford the probationer fair notice of the…

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Name: People v. Trejo
Case #: A149064
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 04/13/2017

Inmate found suitable for parole under the youth offender parole provisions (Pen. Code § 3051) was entitled to release when parole became effective, notwithstanding a consecutive four-year term imposed for an in-prison offense. Trejo committed second degree murder in 1979 when he was 17 years old and was sentenced to 15 years to life in 1980. When he was 20 years old, Trejo pleaded guilty to an in-prison offense and was sentenced to a term of four years, to be served consecutively to his life sentence. In 2015, Trejo was found suitable for release on parole pursuant to the youth…

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Name: In re Edward B.
Case #: A148887
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/21/2017

Probation condition prohibiting minor from associating with gang members was unreasonable under People v. Lent (1975) 15 Cal.3d 481. Edward B. snatched a woman's purse out of her hand and ran away. He was adjudged a ward after he admitted misdemeanor grand theft from the person and was placed on probation with a number of terms. He objected to the imposition of a condition that prohibited him from associating with anyone known to him to be a gang member or associate. On appeal, he challenged the condition was unreasonable under Lent. Held: Condition stricken. Under the Lent test, a probation…

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Name: People v. Bryant
Case #: B271300
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 04/03/2017

For defendant convicted of carrying a concealed firearm in a vehicle, electronics search term was invalid under People v. Lent because it was not related to defendant's offense and was not reasonably related to preventing future criminality. Bryant was convicted of possessing a concealed gun in a vehicle (Pen. Code, § 25400, subd. (a)(1)) and having a loaded gun not registered to him (Pen. Code, § 25400, subds. (a), (c)(6)). At sentencing the court imposed a split, two year jail term, with the concluding 365 days on mandatory supervision. Over defense objection, the court imposed a supervision condition requiring Bryant…

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Name: People v. Stapleton
Case #: E064824
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/16/2017

In light of circumstances suggesting need for oversight, trial court did not abuse its discretion in imposing residency-related probation conditions. Defendant stole less than $950 worth of property from a Target store. He pleaded guilty to petty theft with a prior (Pen. Code, § 666) and admitted allegations that he was required to register as a sex offender (Pen. Code, § 290). The trial court placed defendant on probation and imposed a condition requiring defendant to reside at a residence approved by the probation officer, not move without the probation officer's prior approval, and give written notice to his probation…

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Name: People v. Garcia
Case #: S218197
Court: CA Supreme Court
District CalSup
Opinion Date: 03/20/2017

Probation condition requiring sex offenders to submit to polygraph examinations as part of Chelsea's Law does not violate Fifth Amendment where responses cannot be used against probationers in a later criminal proceeding. Defendant was placed on probation following his conviction for several sex offenses. The court imposed a condition of probation requiring defendant to waive his privilege against self-incrimination and submit to polygraph examinations. He appealed, arguing the condition violates his Fifth Amendment rights. Held: Affirmed. Penal Code section 1203.067, subdivision (b)(3) (part of Chelsea's Law) requires a convicted sex offender, as a condition of probation, to waive any privilege…

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Name: People v. Smith
Case #: H042287
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/17/2017

Narcotics offender registration requirement under Health and Safety Code section 11590 applies to both attempts and completed crimes. Defendant pleaded no contest to attempted possession of a controlled substance for sale (Pen. Code, § 664, Health & Safety Code, § 11378). Citing People v. Crowles (1993) 20 Cal.App.4th 114, the trial court ordered defendant to register as a narcotics offender under section 11590. Defendant appealed, arguing that section 11590 does not permit the registration requirement to be imposed for attempted crimes. Held: Affirmed. Under section 11590, subdivision (a), any person who is convicted in California of certain enumerated crimes, or…

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