Realignment

Name: People v. Avignone
Case #: D070012
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/13/2017
  • Categories: Abuse of Discretion, Enhancements, Realignment, Sentencing

Trial court lacks discretion to strike aggravated white collar crime enhancement (Pen. Code, § 186.11) in order to make defendants eligible to serve their sentences in county jail rather than state prison. Defendants, husband and wife, defrauded investors out of…

View Full Summary
Name: People v. Arce
Case #: D069360
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/08/2017
  • Categories: Realignment, Sentencing

Trial court properly refused to order a split sentence for an otherwise qualified defendant because of the fact that he faced mandatory deportation. In 2015, Arce pleaded guilty to possession for sale of heroin and cocaine (Health & Saf. Code,…

View Full Summary
Name: People v. Antolin
Case #: A147075
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 03/20/2017
  • Categories: Realignment, Sentencing

Trial court did not have jurisdiction to modify defendant's straight county jail term (imposed pursuant to Realignment) after execution of the sentence. In 2013, Antolin was sentenced to 11 years in county jail for a drug offense and enhancements. Several…

View Full Summary
Name: People v. Malago
Case #: D069858
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/27/2017
  • Categories: Parole, Probation / Parole / PRCS, Realignment, Sentencing

Trial court erred in failing to rule on defendant's objection to mandatory supervision conditions, but the error was harmless. In January 2016, Malago pleaded guilty to importing a controlled substance (Health & Saf. Code, § 11352, subd. (a)). The trial…

View Full Summary
Name: People v. Young
Case #: A143082
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 05/26/2016
  • Categories: Realignment, Search & Seizure, Searches w/o Warrant, Sentencing

Warrantless search of defendant was proper, even though he had already completed more than one year on postrelease community supervision (PRCS), because probation had an additional 30 days in which to discharge him from supervision. On May 14, 2012, Young…

View Full Summary
Name: People v. Butcher
Case #: B261774
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 05/09/2016
  • Categories: Realignment, Sentencing

Trial court appropriately imposed a state prison term rather than a county jail sentence for felony evading. In April 2012, Butcher pleaded no contest to felony evading (Veh. Code, § 2800.2, subd. (a)). A three year prison term was imposed…

View Full Summary
Name: People v. Butler
Case #: B259153
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/15/2016
  • Categories: Fines/Fees/Assessments, Realignment, Sentencing

Penal Code section 1202.45 revocation fine may not be imposed on defendant who received straight felony county jail sentence under Penal Code section 1170, subdivision (h). Butler was convicted of misdemeanor false imprisonment and felony resisting an officer. He was…

View Full Summary
Name: People v. Mendoza
Case #: E059613
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/26/2015
  • Categories: Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Pronouncement, Realignment, Sentencing

The procedure whereby a defendant sentenced to state prison may request sentencing in absentia in a probation case (Pen. Code, § 1203.2a) also applies to defendants sentenced to "county prison." Mendoza was convicted of drug offenses in Riverside County and…

View Full Summary
Name: People v. DeLeon
Case #: A140050
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 10/28/2015
Subsequent History: Review granted 2/3/2016: S230906
  • Categories: Areas Constitutional Law, Due Process, Parole, Probation / Parole / PRCS, Realignment, Sentencing

Parole revocation hearings held in superior court pursuant to the Realignment Act of 2011 need not be preceded by a preliminary probable cause hearing. DeLeon was on parole following his 2003 conviction for committing a lewd act on a minor.…

View Full Summary
Name: CDCR v. Superior Court (Brackett)
Case #: C076785
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/24/2015
  • Categories: Parole, Probation / Parole / PRCS, Realignment, Sentencing

The Realignment Act of 2011 did not confer jurisdiction on the superior court to permit a parolee to change his place of residence. Brackett was paroled for convictions of vehicle theft and failure to appear in Sutter County. His parole…

View Full Summary