People v. Williams CA2/5

California Court of Appeal Feb 23, 2022 No. B310260MUnpublished

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Holding. The court held that a defendant who participates in a parole revocation hearing before a commissioner without objection impliedly stipulates to the commissioner acting as a temporary judge.

Issues

Whether a commissioner may preside over a parole revocation hearing without an express stipulation by the parties.
Whether a defendant's participation in a hearing without objection constitutes an implied stipulation to the commissioner's authority.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Here, by participating in the hearing before the commissioner with no objection, defendant, who was represented by counsel at the hearing, impliedly stipulated to the commissioner acting as temporary judge.”

Filed 2/22/22 P. v. Williams CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B310260

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 0PH06161) v. ORDER MODIFYING BRIAND WILLIAMS, OPINION

Defendant and Appellant.

BY THE COURT: It is ordered that the opinion filed herein on February 18, 2022, is modified as follows: On the caption page, delete case number 0PH6161 and replace it with 0PH06161. There is no change in judgment.

People v. Williams CA2/5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B310260

RUBIN, P. J. BAKER, J. MOOR, J.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B310260

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BRIAND WILLIAMS,

BAKER, J. MOOR, J.

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