People v. Sweeney CA4/3

FACTS

Case No. G050185 On January 3, 2014, defendant Thomas Grayson Sweeney was released from state prison and placed on parole after having served a prison term for his admitted violation of Health and Safety Code section 11377, subdivision (a), possession of a controlled substance. Sweeney was arrested on February 26, 2014, day 55 of his parole. On March 3, 2014, day 60 of Sweeney’s parole, the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations (Parole Authority) completed its assessment of the possible remedial sanctions under Penal Code section 3000.08, subdivision (d), and, on March 4, 2014, day 61 of Sweeney’s parole, the Parole Authority filed a petition to revoke Sweeney’s parole alleging (1) he had submitted a urine sample that tested positive for use of methamphetamine and (2) was found to be in 1 possession of a folding knife with a blade exceeding two inches. Sweeney moved to dismiss the petition on the ground the Parole Authority lacked jurisdiction to supervise defendant under section 3000.08, subdivision (a); instead he should have been released to postrelease community supervision under sections 3000.08, subdivision (b)…