California Department of Corrections and Rehabilitation v. Superior Court of Alameda County

Summary

The California Department of Corrections and Rehabilitation sought a writ of mandate challenging an order placing Robert Escobedo on felony probation after the superior court permitted withdrawal of parole-revocation petitions. The Court of Appeal held that because Escobedo was on lifetime parole, Penal Code section 3000.08, subdivision (h), required the court to remand him to CDCR custody after finding that he committed a new offense. The court also held that CDCR had standing and lacked another plain, speedy, and adequate remedy.

Holdings

1. CDCR had no plain, speedy, and adequate remedy through direct appeal and had standing as a state agency with a direct and substantial interest in enforcing the statutory scheme governing lifetime parole. Writ review was therefore procedurally proper.
2. When a court determines that a lifetime parolee has committed a violation of law or violated parole conditions, section 3000.08, subdivision (h), requires the parolee to be remanded to CDCR and the jurisdiction of the Board of Parole Hearings. The remand is mandatory and is not conditioned on a pending parole-revocation petition.
3. The superior court lacked authority to accept a negotiated disposition placing Escobedo on felony probation after finding that he committed a new offense while on lifetime parole. The plea agreement was unlawful and unenforceable to that extent.
4. Even assuming the district attorney could withdraw its own parole-revocation petition, it had no unilateral authority to withdraw the separate petition filed by CDCR pursuant to CDCR's statutory authority and mandate.

Questions Presented

1. Whether CDCR had an adequate remedy at law and standing to seek writ review of the superior court's sentencing order.
2. Whether section 3000.08, subdivision (h), required the superior court to remand Escobedo to CDCR after finding that he committed a new offense while on lifetime parole.
3. Whether the superior court could place a lifetime parolee on probation as part of a negotiated plea disposition.
4. Whether the district attorney had authority to withdraw a parole-revocation petition filed by CDCR.

Disposition

writ_granted