People v. Stermer CA2/6
B267473
| Cal. Ct. App. | Aug 16, 2016Background
- Stermer pled guilty in 2011 to DUI with priors and a prison prior; sentenced to 16 months.
- Released in 2012 to PRCS; probation supervised by Ventura County Probation; agreed to abstain from alcohol and allowed flash incarceration for violations.
- In August 2015 Stermer admitted alcohol use and tested BAC .108; he was taken into custody.
- On August 24 probation officer Meza conducted an administrative probable cause hearing and found probable cause to violate PRCS; Stermer declined a formal revocation hearing.
- On September 2 the probation department filed a revocation petition; the hearing was set for September 10.
- At the revocation hearing the court denied dismissal and held Stermer in violation, sentencing him to jail; appellate issues concern Morrissey-based due process and hearing procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Morrissey-compliant probable cause hearing was properly conducted. | Stermer: improper ex parte process; different officer as hearing officer immaterial. | Stermer: probable cause by the same or different officer is not truly independent. | Yes; valid under Morrissey; different officer permitted; no prejudice shown. |
| Whether the lack of a Morrissey-compliant probable cause hearing requires reversal. | Stermer: due process violation prejudices revocation. | Probable cause issue was minimized; the formal hearing satisfied due process. | No reversible prejudice; proper formal revocation hearing conducted and sentence served. |
| Whether forfeiture and Marsy’s Law arguments affect appellate review. | Stermer: Victims’ Bill of Rights considerations; due process impact. | Arguments not raised below should be forfeited; no prejudice shown. | Forfeited; court declines to address; no remedy needed. |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (U.S. 1972) (parole revocation requires two-step due process: probable cause and formal hearing)
- People v. Vickers, 8 Cal.3d 451 (Cal. 1972) (probation revocation due process standard in California)
- In re La Croix, 12 Cal.3d 146 (Cal. 1974) (prejudice standard for revocation proceedings)
- In re Winn, 13 Cal.3d 694 (Cal. 1975) (burden to show prejudice in revocation proceedings)
- In re Moore, 45 Cal.App.3d 285 (Cal. App. 1975) (prejudice requirement in revocation cases)
- Spencer v. Kemna, 523 U.S. 1 (U.S. 1998) (prejudice inquiry in revocation-related relief)