California Department of Corrections & Rehabilitation v. Superior Court of Alameda County
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In 1996, Escobedo was convicted of second-degree murder and was sentenced to an aggregate prison term of 19 years to life. In 2016, Escobedo was released from prison and placed on lifetime parole. If a court determines that a lifetime parolee has committed a violation of law or violated his conditions of parole, the person “shall be remanded to the custody” of the Department of Corrections (CDCR) (Penal Code 3000.08(h).) In 2020, the Alameda County DA charged Escobedo with forcible oral copulation and making criminal threats and sought revocation of Escobedo’s parole. The petition did not reflect that Escobedo was on lifetime parole. CDCR filed a petition for revocation of Escobedo’s parole, which did reflect Escobedo was on lifetime parole, with a report alleging additional criminal conduct and violations of his parole and documenting Escobedo’s criminal history, which predated his murder conviction.
At a hearing, the DA explained a negotiated disposition, under which Escobedo would be placed on three years of felony probation. A CDCR supervisor explained by email that a different process was required because Escobedo is a “lifer parolee.” The court nonetheless accepted the plea agreement with no mention of Escobedo's lifetime parole.
The court of appeal granted CDCR’s mandate petition. Because Escobedo was on lifetime parole, the court lacked the authority to release him on probation after finding that he committed a new criminal offense; it was required to remand him to the custody of CDCR.
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