People v. Castel
C.A. 2nd; B271396 The Second Appellate District affirmed a judgment. The court held that the failure to require that district attorneys’ petitions…
June 28, 2017 at 05:16 PM
4 minute read
C.A. 2nd;
B271396
The Second Appellate District affirmed a judgment. The court held that the failure to require that district attorneys' petitions for revocation of parole be accompanied by the same written reports required of supervising agencies does not violate equal protection.
After serving a term of imprisonment for felony assault, Ignacio Castel was released on parole. While on parole, he threatened to kill two of his in-laws. He pleaded no contest to a misdemeanor charge of making criminal threats. Soon thereafter, the county district attorney filed a petition seeking revocation of Castel's parole. Castel filed a demurrer to the petition. He argued that the District Attorney's petition was facially deficient because it was not accompanied by the written report that must accompany petitions filed by supervising parole agencies. The trial court overruled the demurrer. Castel admitted the parole violation and was sentenced to 150 days in jail.
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