People v. Perlas
Annotate this CasePerlas, age 17, and his friends shoplifted alcohol and drank in the park; Perlas assaulted the victim, who was found dead the next day. In 1996, Perlas was convicted of second-degree murder. In 2015, Perlas was released to life-term parole, with an agreed-upon condition that he would not consume alcohol. Perlas had been on parole for more than two years without incident when San Francisco police officers responded to reports of a woman in distress and, outside Perlas’s apartment building, met Perlas’s wife, holding their 10-week-old daughter. She stated that Perlas, who was drunk, threw her cell phone out of their window, then attempted to leave on his motorcycle. Perlas’s wife blocked his exit. He “became enraged.” When she tried to take away his keys, Perlas shoved her and gave her a bloody nose, then left. The next day, officers arrested Perlas for spousal battery, child endangerment, and vandalism. Perlas met with his parole officer and signed a form admitting he had been drinking. The Department of Corrections and Rehabilitation petitioned to revoke Perlas’s parole, stating: “Intermediate sanctions have been considered. However, they have been deemed not appropriate.” The trial court ultimately dismissed the petition “for failure to appropriately consider intermediate sanctions.” The court of appeal reversed. The petition sufficiently alleged that the Department considered and rejected intermediate sanctions before seeking revocation and why intermediate sanctions were not appropriate.
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