Legal Opinion
People v. Wiley
California Court of Appeal, 5th District
Decided June 28, 2019No. A154248PublishedCited by 3 opinions
1Opinion of the CourtSiggins, P.J.
*1065Does Penal Code section 13851 authorize a trial court to dismiss a parole revocation petition "in furtherance of justice"? No. The authority to dismiss conferred by section 1385, subdivision (a) is addressed to the criminal charges or allegations in the indictment or information, so we reject defendant Barry Wiley's assertion that the trial court abused its discretion when it declined to dismiss his parole violation petition. We therefore affirm the order revoking Wiley's parole and remanding him to the California Department of Corrections and Rehabilitation (CDCR).
BACKGROUND
In 1991 Wiley was…
2Cases cited8 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Unzueta v. Ocean View School DistrictCalifornia Court of Appeal · 1992
- In Re VarnellCalifornia Supreme Court · 2003
- People v. HernandezCalifornia Supreme Court · 2000
- People v. ChavezCalifornia Supreme Court · 2018
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3Cited by3 opinions
- Dept. of Corrections & Rehabilitation v. Super Ct.California Court of Appeal · 2023
- People v. SkaggsCalifornia Court of Appeal · 2025
- People v. WilliamsCalifornia Court of Appeal · 2021