Court may not revoke post-release community supervision after probationer commits non-violent drug offense without first determining whether probationer qualifies for treatment alternative pursuant to Prop 36.
Cite as
2016 DJDAR 3082Published
Mar. 31, 2016Filing Date
Mar. 30, 2016THE PEOPLE,
Plaintiff and Respondent,
v.
ORLANDO GUTIERREZ,
Defendant and Appellant.
No. B264167
(Super. Ct. No. LA075268)
(Ventura County)
California Courts of Appeal
Second Appellate District
Division Six
Filed March 30, 2016
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed on March 2, 2016, be modified as follows:
On page 8, in the first full paragraph, the last sentence beginning "This same concern" is deleted and replaced with the following:
We need not decide whether this requirement applies in PRCS revocation proceedings because appellant fails to demonstrate he was prejudiced by the fact he did not appear in court within 10 days of his arrest. (See In re La Croix (1974) 12 Cal.3d 146, 154 ["[A] parolee whose parole has been revoked after a properly conducted revocation hearing is not entitled to have the revocation set aside unless it appears that the failure to accord him a prerevocation hearing resulted in prejudice to him at the revocation hearing"].)
There is no change in the judgment.
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