California Court of Appeal

In this case, defendant had been placed under post-release “community supervision.” If an offender has been under supervision for one year with no other violations of the conditions of supervision, he can be discharged from supervision, but defendant had multiple violations that resulted in periods of “flash incarceration.” A writ of mandate directing the trial court to vacate its order dismissing violation proceedings and to resume such proceedings is issued, where: 1) defendant had suffered lawful “custodial sanctions” within the meaning of Penal Code 3456(a)(3); and 2) defendant remained under supervision when the violation report at issue was filed.

Appellate Information

• Decided 12/12/2014
• Published 12/15/2014

Judges

• Miller

Court

• California Court of Appeal

Counsel