Does the Attorney General have the authority to revoke a defendant's parole?

California, United States of America


The following excerpt is from People v. Martin, C087538 (Cal. App. 2019):

2. The Attorney General argues that defendant's claim on appeal is moot because he has already completed his parole violation term. Defendant argues that the parole revocation may be used as part of a future sentencing determination and future parole violation terms. The Attorney General relies on People v. DeLeon (2017) 3 Cal.5th 640, where during the pendency of the defendant's appeal, he completed the jail term imposed for the parole violation and he was discharged from parole. As a result, the court reasoned that it "could offer no relief regarding the time he spent in custody or the parole term that has already terminated." (Id. at p. 645.) This case is distinguishable because defendant is still on parole. Additionally, this parole violation could be a factor in determining the length of defendant's parole or future parole-violation terms, which is an adverse consequence of the parole violation. (See 3000, subd. (b)(6).) Accordingly, we reach the merits.

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