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People v. Osorio

California Court of Appeals, Fourth District, Third Division

March 30, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
JESUS FRANCISCO OSORIO, Defendant and Appellant.

[As modified May 6, 2015.]

Appeal from a postjudgment order of the Superior Court of Orange County No. P00023, Gregg L. Prickett, Judge.

Page 1409

[Copyrighted Material Omitted]

Page 1410

COUNSEL

Elizabeth Garfinkle, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland, Collette C. Cavalier and Amanda E. Casillas, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FYBEL, J.

Introduction

After defendant Jesus Francisco Osorio violated a condition of his parole, he was arrested and jailed. California Department of Corrections and Rehabilitation, Division of Adult Parole Operations (the Department) recommended that defendant’s parole be revoked. Defendant demurred to the petition for revocation. The trial court overruled the demurrer, revoked defendant’s parole, credited him with time served, and then reinstated him on parole.

We reverse because the trial court erred in overruling the demurrer to the petition for revocation of parole. The petition was insufficient as a matter of law.

Statement of Facts and Procedural History

In January 2011, defendant pled guilty to one count of second degree robbery and one count of street terrorism, and was sentenced to two years in prison. Defendant began serving a three-year parole term in November 2011. One of the conditions of defendant’s parole was to not associate with anyone he knew or reasonably should have known was a member or associate of a gang.

On July 2, 2013, defendant stopped his bike to talk to two men he knew were gang members. Defendant admitted he knew he was violating his parole by associating with members of the “Lopers” criminal street gang. Defendant was arrested for the ...


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