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Name: People v. Camp
Case #: D064737
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/21/2015

After execution of split sentence, trial court retains jurisdiction to terminate mandatory supervision and modify custodial term. Camp entered a plea to grand theft, resisting an officer, and admitted a prison prior, with a stipulated sentence of 28 months—half in actual custody, and half on mandatory supervision. Before his release from jail his probation officer notified the court that Camp would be turned over to ICE, and then deported, and would therefore be unavailable for supervision. The court then terminated Camp's mandatory supervision and modified his sentence to provide for 364 days in jail, with credit for time served. The…

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Name: People v. Phoenix
Case #: C069195
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/24/2014

When a trial court imposes a consolidated sentence in multiple cases, it must award custody credits related to an earlier case even when the earlier case was in a different county. In December 2008, Phoenix was convicted of a crime in Sacramento County and received a 32-month prison term. He was out of custody in October 2009 when he was arrested for shoplifting in Yolo County. He was returned to state prison custody and demanded resolution of the Yolo County case. Phoenix was then removed from state prison for the Yolo County case and spent time in custody to…

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Name: People v. Parker
Case #: B243010
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/24/2013

Where a prison sentence is imposed but suspended in execution, a qualified defendant remains a "probationer" within the meaning of Penal Code section 1203.4, and is eligible for expungement of conviction. Parker filed a section 1203.4 petition to set aside his 2006 conviction for possession of cocaine base for sale (Health & Saf. Code, § 11351.5). The trial court found Parker ineligible for relief because a prison term had been imposed but suspended in execution. He appealed. Held: Reversed. Section 1203.4 applies to probationers. Parker is a probationer even though the court imposed a prison term because it was not…

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Name: People v. Kim
Case #: H037320
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/19/2012

Trial court lacked jurisdiction to dismiss defendant's conviction 14 years after he pled guilty, in order to avoid deportation consequences of plea. Defendant, a South Korean citizen, has been a lawful permanent resident of the U.S. since 1986. As a juvenile he was made a ward after engaging in criminal behavior; as an adult, he suffered several theft-related convictions. In 1997 he pled guilty to petty theft with a prior, for which he served prison time. When immigration authorities commenced deportation proceedings, defendant mounted several collateral challenges to his convictions. In 2005 a trial court vacated the petty theft with…

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Name: People v. Clytus
Case #: B236714
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/02/2012

A trial court executing a suspended-execution sentence on or after October 1, 2011 has no discretion to order that a county jail felony offense be served in state prison, where the defendant is not otherwise ineligible for such treatment. Appellant was convicted of unlawfully taking a vehicle and identity theft (Veh. Code, § 10851; Pen. Code, § 530.5, subd. (a)). A three year sentence was imposed in 2010 but suspended in execution incident to a grant of probation. Upon revocation of probation the court executed the previously imposed sentence on October 14, 2011, ordering appellant to serve his term in…

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