People v. Kurianski
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When a parolee accepts a court's offer to admit a parole violation for a specified sentence and expressly waives his right to the preliminary and final parole hearings, he has waived his statutory right to have a preparation of a written report under Penal Code section 1203.2, subdivision (b)(1).
First, the Court of Appeal held that a defendant's express waiver of his constitutional and statutory rights to a preliminary, probable cause hearing and a formal revocation hearing in order to obtain a specific disposition necessarily—albeit implicitly—includes a waiver of his statutory right to have the trial court refer the district attorney's petition to the parole agency to obtain that agency’s input regarding the appropriate disposition. Second, the court held that a defendant's waiver of the right to insist that the trial court refer the district attorney's petition to the parole agency and consider the agency's responsive report need not be express.
The court affirmed the revocation order in this case where the petition to revoke parole was filed by the district attorney and the trial court did not refer that petition to the parole agency for a report before it accepted defendant's admission to a parole violation during the hearing that was originally set for the probable cause determination.
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