People v. VonWahlde
3 Cal. App. 5th 1187
| Cal. Ct. App. | 2016Background
- In 2010 VonWahlde was convicted of assault with a deadly weapon and was released on parole in 2013 with supervision to expire in 2016.
- He absconded from parole in early 2014, a parole revocation petition was filed, and preliminary revocation occurred in Fresno County case No. P14900105.
- VonWahlde pleaded no contest in a separate 2014 case (F14900323) to a stipulated 5-year term to run concurrently with the parole revocation matter.
- At sentencing the trial court, invoking Penal Code § 1385, ordered "Parole terminated" and awarded custody credits; the minute order simply stated parole was terminated.
- The People appealed under Penal Code § 1238(a)(5), arguing the trial court lacked authority to terminate a legislatively prescribed period of parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the People may appeal the trial court's order terminating parole under Penal Code § 1238(a)(5) | People: yes — order made after judgment affecting the People’s substantial rights (parole is part of sentence enforcement/public safety). | VonWahlde: not appealable — different case number and no substantial effect because parole would run while imprisoned. | Appealable: §1238(a)(5) authorizes People’s appeal; order affects enforcement of judgment and public safety. |
| Whether the trial court had authority to terminate statutorily required parole by dismissing it under Penal Code § 1385 | People: §1385 does not authorize terminating parole because parole is a legislatively prescribed consequence, not a criminal action or charge. | VonWahlde: §1385 permits dismissal in the interests of justice; practical effect of prison term makes parole superfluous. | Trial court lacked authority to terminate parole under §1385; parole termination order vacated and matter remanded to reinstate parole violation finding. |
Key Cases Cited
- People v. Chacon, 40 Cal.4th 558 (Cal. 2007) (limits on People’s appeal rights; appeals strictly statutory)
- People v. Jefferson, 21 Cal.4th 86 (Cal. 1999) (parole period is not part of the prison term)
- People v. Nuckles, 56 Cal.4th 601 (Cal. 2013) (parole is a form of punishment that flows from conviction)
- In re Carabes, 144 Cal.App.3d 927 (Cal. Ct. App. 1983) (order shortening parole directly affects judgment enforcement)
- In re Varnell, 30 Cal.4th 1132 (Cal. 2003) (§1385 permits dismissal only of a criminal action or part thereof)
- People v. Lara, 54 Cal.4th 896 (Cal. 2012) (scope and limits of §1385: dismissible items are charges/allegations in the action)
- People v. Bonnetta, 46 Cal.4th 143 (Cal. 2009) (requirements for minute order statements under §1385)