People v. DeLeonAnnotate this Case
Convicted for a lewd act committed on a minor, DeLeon was released to parole, with conditions, including prohibitions against possessing pornographic material or devices for viewing sexually explicit programming. On August 23, DeLeon’s parole agent conducted a compliance check and found DeLeon with a mobile phone, containing pictures of adults exposing themselves and engaged in sexual acts. He was charged with parole violation, booked into jail, and given written notice on August 26. The petition to revoke was referred to the court on August 30, and a petition to revoke parole was filed in court on September 4. A judicial officer revoked DeLeon’s parole on September 6. DeLeon appeared at a September 11 hearing and moved to dismiss on grounds that he did not get a probable cause hearing within 15 days of arrest (Penal Code 3044_. On September 25, the court determined that, given the Department of Corrections’ authority to subject a parolee to flash incarceration for up to 10 days, the petition was not unreasonably delayed. The motion was denied. At a merits hearing on October 3rdm the court concluded that DeLeon violated parole. The court of appeal affirmed. Given the judicial probable cause determination within 14 days of DeLeon’s arrest, his appearance on the 20th day and the other procedural protections afforded to DeLeon, the hearing within 45 days of arrest afforded him constitutionally adequate process. Because he suffered no prejudice, any error was harmless.