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Justia Opinion Summary After defendant Jesus Osorio violated a condition of his parole, he was arrested and jailed. Defendant demurred to the petition for revocation.
The Court of Appeal reversed, 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. Prickett, Judge. Request for judicial notice. Kamala D. Harris, Attorney General, Julie L. Ragland, Collette C. Cavalier and Amanda E. We reverse because the trial court erred in overruling the demurrer to the petition for revocation of parole. Defendant began serving a three-year parole term in November On July 2, , defendant stopped his bike to talk to two men he knew were gang members.
Defendant was arrested for the parole violation, and was jailed until his parole revocation hearing. A petition for revocation of parole was filed on July 15, At the arraignment hearing on July 18, defendant filed a demurrer and motion to dismiss.
The trial court overruled the demurrer, found probable cause for the petition for revocation, and set an evidentiary hearing. At the parole revocation hearing on August 8, the court found defendant in violation of parole, revoked parole, and sentenced defendant to 73 days in jail. The court credited defendant with time served, as well as good conduct credits, and reinstated his parole.