If a defendant has a parole hearing after a period specified in section 3051 of the California Criminal Code, what is the appropriate date for the hearing?

California, United States of America


The following excerpt is from People v. Hargis, Consolidated Cases No. F067352, Consolidated Cases No. F068398, F067598 (Cal. App. 2015):

Defendants also say a parole hearing after the period of time specified in section 3051 is inadequate, because the passage of time may hinder their ability to find and produce favorable evidence. This is, of course, a problem faced by a number of offenders subject to lengthy incarceration before they become parole eligible. Again, however, defendants fail to explain how the trial court could without imposing a sentence unauthorized by statute or clearly inappropriate for the serious nature of the offenses devise a sentence that would render defendants eligible for parole earlier than section 3051 does. Moreover, we cannot help but note defendants could have but did not present such evidence at their sentencing hearings. (See, e.g., People v. Palafox, supra, 231 Cal.App.4th at pp. 75-78.)

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