California v. Ruiz
Annotate this CaseDefendant-appellant Bryant Ruiz appealed the trial court’s order denying his motion to dismiss a petition to revoke parole filed by the Department of Corrections and Rehabilitation (CDCR) for lack of jurisdiction. Even though the parties stipulated Ruiz was not convicted of a serious felony and should have been placed on post-release community supervision (PRCS) rather than parole when he was released from prison, the trial court denied Ruiz’s motion to dismiss the petition as untimely under Penal Code section 3000.08 (l), because he did not challenge his supervision placement within 60 days of his release. To the Court of Appeal, Ruiz contended the application of section 3000.08 (l) in this instance infringed his constitutional rights to due process and equal protection. The Court of Appeal concluded the application of the 60-day limitation in this case indeed violated Ruiz’s procedural due process rights. Therefore, the order was reversed and the trial court was directed to enter a new order granting Ruiz’s motion to dismiss and transferring Ruiz from parole supervision to PRCS.
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