People v. Perrotte CA4/2

I. INTRODUCTION

The People appeal an order dismissing a parole revocation petition filed by the

Department of Corrections and Rehabilitation’s Division of Adult Parole Operations

(Department). The petition sought to revoke defendant and respondent Jeffrey Perrotte’s

parole in response to three alleged violations of his parole conditions. The trial court

overruled a demurrer to the petition. However, Perrotte subsequently filed a motion to

dismiss pursuant to Penal Code1 section 1385. The motion was heard by a different

judge who (1) purported to dismiss one allegation in the interest of justice pursuant to

section 1385; (2) construed the remainder of the motion as a motion for reconsideration

of the demurrer; and (3) sustained the demurrer with respect to the remaining allegations.

The trial court further ordered one of the conditions of Perrotte’s parole stricken as

invalid. The People challenge each of these orders on appeal.

We conclude that: (1) the People forfeited their challenge to the trial court’s order

striking a condition of parole; (2) even in the absence of forfeiture, the trial court did not

err in concluding the challenged condition was invalid; and…