CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ROBERT L. ESCOBEDO, Real Party in Interest. (Cal. Ct. App., Aug. 25, 2023, No. A166559) 2023 WL 5498785
Summary: Escobedo was placed on felony probation pursuant to a plea bargain. The superior court permitted the People to withdraw a pending petition for revocation of parole that CDCR filed against Escobedo, who was on lifetime parole when he committed his offense. (Pen. Code, § 3000.1, subd. (a)(1).) The California Department of Corrections and Rehabilitation (CDCR) sought review by extraordinary writ challenging the authority of the superior court to release Escobedo on probation, instead of adjudicating CDCR’s parole revocation petition and returning him to prison if the court finds that he has committed a new offense. (See § 3000.08, subd. (h) (section 3000.08(h)).)
Because Escobedo was on lifetime parole, the superior court lacked authority to release him on probation after finding that he committed a new criminal offense. Once the court found Escobedo had committed another crime, it was required to remand him to the custody of CDCR. (§ 3000.08(h).) The Court of Appeal granted CDCR’s mandate petition.