Legal Opinion

People v. VonWahlde

California Court of Appeal

Decided October 5, 2016No. F069946PublishedCited by 10 opinions

1Opinion of the Court

Opinion

DETJEN, J.—

A defendant is on parole in one case when he or she is sentenced to prison in another case. Does the trial court have authority to terminate parole in the first case? We hold it does not. We further hold the People can appeal an order purporting to do so.

PROCEDURAL HISTORY

On May 4, 2010, Darrell Keith VonWahlde (defendant) was convicted in Fresno County Superior Court case No. F09906698 (hereafter the original case) of assault with a deadly weapon (Pen. Code, 1 § 245, subd. (a)(1)), apparently under circumstances involving domestic violence. 2 He was released on parole on…

2Cases cited32 opinions

  1. People v. Superior Court (Romero)California Supreme Court · 1996
  2. People v. ZapienCalifornia Supreme Court · 1993
  3. People v. JeffersonCalifornia Supreme Court · 1999
  4. People v. SeumanuCalifornia Supreme Court · 2015
  5. People v. EubanksCalifornia Supreme Court · 1996

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3Cited by10 opinions

  1. People v. Wiley, California Court of Appeal, 5th District2019
  2. County of San Diego v. Com. on State MandatesCalifornia Court of Appeal · 2023
  3. Dept. of Corrections & Rehabilitation v. Super Ct.California Court of Appeal · 2023
  4. People v. GarciaCalifornia Court of Appeal · 2020
  5. People v. JohnsonCalifornia Court of Appeal · 2020

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