Legal Opinion
People v. Elizalde
California Court of Appeal
Decided December 19, 2016No. 2d Crim. B267479PublishedCited by 2 opinions
1Opinion of the Court
*812 GILBERT, P.J.
*1063 At a post-conviction hearing, the trial court considered two issues: whether defendant violated the terms of her postrelease community supervision ("PRCS")(Pen. Code § 3450, et seq. 1 ) and whether she was entitled to relief pursuant to Proposition 47.
The trial court found defendant violated the terms of her PRCS and ordered her to serve 120 days in custody. It then immediately granted her petition for Proposition 47 relief under section 1170.18. The effect of the *1064 court's inconsistent rulings was to give and take away at the same time. This rendered the court's order that…
2Cases cited4 opinions
- Wells Fargo Bank v. Superior CourtCalifornia Supreme Court · 1991
- Unzueta v. Ocean View School DistrictCalifornia Court of Appeal · 1992
- People v. EspinozaCalifornia Court of Appeal · 2014
- People v. HarbisonCalifornia Court of Appeal · 2014
3Cited by2 opinions
- People v. Steward, California Court of Appeal, 5th District2018
- People v. StewardCalifornia Court of Appeal · 2018