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California Court of Appeal


In re Torres, B221187

A parolee's petition for habeas relief, claiming that under section 3001(a), his parole term had expired by operation of law in December 2008, and thus, the Board had no jurisdiction to revoke his parole in February 2009 and retain him on parole in March 2009, is granted as, because petitioner was continuously on parole for three years since release from confinement, pursuant to section 3001(a), the Board was required to retain him on parole during the 30-day review period following the three years of continuous parole. Here, the Board's failure to retain petitioner during this 30-day review period resulted in the expiration of petitioner's parole by operation of law.

Appellate Information

  • Decided 07/15/2010
  • Published 07/15/2010

Judges

  • CHAVEZ, J.

Court

  • California Court of Appeal

Counsel

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