People v. Lenormand CA1/3

Good Law
Court of Appeal of CaliforniaSeptember 17, 2021A160432California751 words

Opinion

Opinion

BACKGROUND

Defendant was convicted of a felony violation of Penal Code section 273.51 in 2005 and placed on five years of formal probation in 2006. Defendant, however, violated the conditions of his probation and was sentenced to state prison for two years in 2009. According to the trial court, defendant was released on parole supervision on the same day he was sentenced, suggesting “that he never actually served any actual time in state custody.” Over the next decade, defendant violated his parole conditions

All further statutory references are to the Penal Code.

1 numerous times, including absconding at least four times. Following his latest episode of absconding, defendant was arrested in Oregon in December 2020. The California Department of Corrections and Rehabilitation then filed a petition to revoke parole. At the hearing on the petition, the trial court determined that defendant was still on parole because “he basically absconded the entire period of his parole.” Nonetheless, the court modified “defendant’s parole conditions by terminating supervision” pursuant to section 1203.2 because “defendant’s conviction for the offense that he is on parole for occurred…

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