People v. Wade CA3
C092710
| Cal. Ct. App. | Nov 8, 2021Background
- Defendant Guy Louis Wade pleaded no contest (2018) to carrying a dirk or dagger and was released on postrelease community supervision (PRCS) in March 2019.
- The probation department filed a fourth PRCS revocation petition (July 22, 2020) alleging he left a treatment program without permission, failed to report, and absconded.
- The petition did not include or attach a summary showing the probation department considered and rejected intermediate sanctions, nor did it summarize defendant’s criminal history and prior PRCS violations.
- Defendant demurred to the petition; the trial court overruled the demurrer without prejudice, held a hearing, found a violation, revoked and reinstated PRCS, and imposed a 150-day county jail sanction.
- On appeal, the court held the petition was facially deficient under Penal Code §3455 and California Rules of Court, rule 4.541(e) for failing to state that intermediate sanctions were considered and determined inappropriate, and reversed the postjudgment order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a PRCS revocation petition filed by probation is legally sufficient if it fails to state that intermediate sanctions were considered and found inappropriate | The Attorney General acknowledged the petition lacked the express statement but argued the deficiency was harmless because repeated violations made lesser sanctions inappropriate | Wade argued the petition was facially defective; consideration/rejection of intermediate sanctions is a condition precedent and must appear in the petition | The court held the petition was facially deficient under rule 4.541(e) and §3455(a); demurrer should have been sustained and reversal required |
| Whether the appeal is moot because the jail term was served | AG argued the appeal was moot because sanction was completed | Wade noted he remained on PRCS and the issue raises recurring public importance | The court exercised discretion to decide the merits (not moot) because PRCS supervision continued and the procedural issue is likely to recur |
Key Cases Cited
- People v. Osorio, 235 Cal.App.4th 1408 (demurrer to parole revocation petition required dismissal where petition did not show intermediate sanctions were considered)
- People v. Castel, 12 Cal.App.5th 1321 (distinguishing DA-filed petitions and noting supervising-agency petitions must comply with rule 4.541(e))
- People v. DeLeon, 3 Cal.5th 640 (courts may decide issues of public importance even if a defendant has served a sanction)
- Tobe v. City of Santa Ana, 9 Cal.4th 1069 (demurrer tests the sufficiency of the pleading and raises only issues of law)