In Re Carr

Good Law
1995 Cal. App. LEXIS 889·38 Cal. App. 4th 209·45 Cal. Rptr. 2d 34·95 Daily Journal DAR 12361·95 Cal. Daily Op. Serv. 7260
Court of Appeal of CaliforniaSeptember 8, 1995H013230California3,446 words

Opinion

Opinion

Wunderlich, J.

Statement of the Case

Annie Alexander, acting warden of the Correctional Training Facility at Soledad, appeals from an order of the trial court granting Craig Carr’s petition for a writ of habeas corpus, vacating an order revoking his parole, and ordering his immediate discharge from custody. (Pen. Code, § 1507. ) She claims the court erred in concluding that the Department of Corrections (hereafter DOC) lost jurisdiction over Carr before it revoked his parole. We reverse the order.

Facts

On July 7, 1990,. Carr was committed to the DOC for a three-year term. On November 19, 1991, Carr was placed on parole for the maximum statutory period of three years. (§ 3000, subd. (b)(1).) On November 18, 1992, after one year of continuous parole, the Parole Hearing Division (PHD) retained Carr on parole because of the seriousness of his offense and his repeated parole violations. One year later, on November 23, 1993, Carr was arrested for purse snatching and a parole hold was imposed.

On November 30, 1993, Carr’s parole agent filed a report stating, among other things, that although Carr denied committing the offense, all information indicated otherwise. On December 1, 1993, the…

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