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Name: People v. Gonzalez
Case #: C099813
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/28/2024

Trial court erred in denying compassionate release (PC 1172.2) on the ground that defendant posed an "unreasonable risk" of committing a future super strike, as the risk assessment failed to consider defendant's (diminished) "current physical and mental condition" (PC 1172.2(b)). Defendant was also permitted to reside within 35 miles of victim, despite her objection under PC 3003(f), because the statute only applies to parolees.

The full opinion is available on the court’s website here: 

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Name: People v. Wilson
Case #: A160394
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 07/20/2021

A superior court has no jurisdiction to modify parole conditions in the absence of an alleged parole violation or pending revocation proceeding. One of defendant's parole conditions forbade him from residing within half a mile of any private or public K-12 school. As this rendered him homeless, he invited the trial court to, on its own motion, modify his parole conditions to exclude that restriction, and the superior court did so. CDCR appealed, arguing that the court had no jurisdiction to act in the absence of a parole violation or revocation proceeding. Held: Reversed. …

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