People v. Sweeney CA4/3

Filed 1/27/15 P. v. Sweeney CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050185 (consol. with G050473)

v. (Super. Ct. No. P-01201)

THOMAS GRAYSON SWEENEY, OPINION

Defendant and Appellant.

Appeal from orders of the Superior Court of Orange County, John L. Flynn, III, Judge; and Craig E. Robison, Judge (retired judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.). Affirmed. James R. Bostwick, Jr., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

* * *

FACTS

Case No. G050185 On January 3, 2014, defendant Thomas Grayson Sweeney was released from state prison and placed on parole after having served a prison term for his admitted violation of Health and Safety Code section 11377, subdivision (a), possession of a controlled substance. Sweeney was arrested on February 26, 2014, day 55 of his parole. On March 3, 2014, day 60 of Sweeney’s parole, the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations (Parole Authority) completed its assessment of the possible remedial sanctions under Penal Code section 3000.08, subdivision (d), and, on March 4, 2014, day 61 of Sweeney’s parole, the Parole Authority filed a petition to revoke Sweeney’s parole alleging (1) he had submitted a urine sample that tested positive for use of methamphetamine and (2) was found to be in 1 possession of a folding knife with a blade exceeding two inches. Sweeney moved to dismiss the petition on the ground the Parole Authority lacked jurisdiction to supervise defendant under section 3000.08, subdivision (a); instead he should have been released to postrelease community supervision under sections 3000.08, subdivision (b) and 3450. The court denied the motion. Sweeney waived his right to a formal revocation hearing and admitted the methamphetamine use. The court reinstated parole and committed Sweeney to jail for 90 days with 60 days of credit comprised of 30 days of actual custody and 30 days of conduct credit. Sweeney timely filed a notice of appeal supported by a certificate of probable cause under section 1237.5.