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People v. Armogeda

California Court of Appeals, Fourth District, Third Division

January 20, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
EVAN TAYLOR ARMOGEDA, Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, No. R-01161 Christopher J. Evans, Temporary Judge (Pursuant to Cal. Const., art. VI, § 21).

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COUNSEL

Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

IKOLA, J.

In 2000, the California voters passed Proposition 36 for the purpose of placing nonviolent drug offenders into substance abuse treatment programs, rather than incarcerating them. (Prop. 36, as approved by voters, Gen. Elec. (Nov. 7, 2000), § 3.) Among its provisions, Proposition 36 enacted Penal Code section 3063.1, which, under many circumstances, prohibits the Board of Parole Hearings from revoking parole and incarcerating the parolee based on his or her commission of a nonviolent drug possession crime or violation of a drug-related parole condition. (For convenience, any such offense or violation is referred to in this opinion as an NVDP.) [1]

In 2011, the Legislature enacted realignment legislation, including the Postrelease Community Supervision Act of 2011 (the Act) (§ 3450 et seq.). (Stats. 2011, ch. 15, § 479.) The Act mandates that certain felons released from prison on or after October 1, 2011, be placed on postrelease community supervision, as opposed to parole. (§ 3451.) Under the Act, persons who violate a condition of their postrelease community supervision may be incarcerated and their supervision may be revoked, even for an NVDP. (§ 3455.)

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Defendant Evan Taylor Armogeda appeals from the court’s order requiring him to serve 60 days in jail for committing an NVDP violation of his supervision. Defendant contends the Act, which authorizes the court’s order, improperly amends Proposition 36 (a voter initiative) and thereby ...


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