Wiley

People v. Wiley

Good Law
249 Cal. Rptr. 3d 196·36 Cal. App. 5th 1063
Court of Appeal of CaliforniaJune 28, 2019A154248California1,831 words

Opinion

Lead Opinion

Siggins, J.

*1065 Does Penal Code section 1385 1 authorize a trial court to dismiss a parole revocation petition "in furtherance of justice"? No. The authority to dismiss conferred by section 1385, subdivision (a) is addressed to the criminal charges or allegations in the indictment or information, so we reject defendant Barry Wiley's assertion that the trial court abused its discretion when it declined to dismiss his parole violation petition. We therefore affirm the order revoking Wiley's parole and remanding him to the California Department of Corrections and Rehabilitation (CDCR).

BACKGROUND

In 1991 Wiley was convicted of offenses including first degree murder, second degree robbery, and kidnapping. He was sentenced to 26 years to life in prison.

*1066 On March 9, 2017, Wiley was released on parole. Between August and November 2017 he violated his parole conditions and the rules of Geo Care Parolee Services Center (Geo Care), his transitional housing and sober living environment program, by drinking alcohol on four occasions. He also failed to register as a sex offender as required under section 290.

On February 11, 2018, Wiley violated parole by returning to Geo Care after his…

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