People v. VonWahlde
Annotate this CaseDefendant was convicted in Fresno County Superior Court of assault with a deadly weapon and was subsequently released on parole. Defendant then pled no contest, pursuant to a plea agreement, to running a chop shop operation and admitted a prior strike conviction and having served a prior prison term. The agreement provided for a stipulated term of five years to run concurrently with the parole revocation case. In exchange, count two and additional prison prior allegations in the new case, and another case in which charges were pending, would be dismissed. The trial court found defendant in violation, and ordered that defendant’s parole remain revoked. The People appealed the revocation of parole. The court concluded that the People's appeal is authorized by Penal Code section 1238, subdivision (a)(5). The court further concluded that the trial court erred by purporting to terminate parole because it lacked the authority to do so under Penal Code section 1385. Accordingly, the court vacated the order terminating defendant's parole and remanded.
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