People v. Osorio CA4/3

Introduction

After defendant Jesus Francisco Osorio violated a condition of his parole, he was arrested and jailed. California’s Department of Corrections and Rehabilitation, Division of Adult Parole Operations (the Department) recommended that defendant’s parole be revoked. Defendant demurred to the petition for revocation. The trial court overruled the demurrer, revoked defendant’s parole, credited him with time served, and then reinstated him on parole.

We reverse because the trial court erred in overruling the demurrer to the petition for revocation of parole. The petition was insufficient as a matter of law.

Statement of Facts and Procedural History

In January 2011, defendant pled guilty to one count of second degree robbery and one count of street terrorism, and was sentenced to two years in prison. Defendant began serving a three-year parole term in November 2011. One of the conditions of defendant’s parole was to not associate with anyone he knew or reasonably should have known was a member or associate of a gang.

On July 2, 2013, defendant stopped his bike to talk to two men he knew were gang members. Defendant admitted he knew he was violating his parole by…