Wednesday, December 17, 2014

San Bernardino County District Attorney’s Appellate Services Unit obtains AB 109 victory for prosecutors statewide

Deputy District Attorney Eric Ferguson, who is assigned to Appellate Services, handled a writ in the Court of Appeals in which we successfully overturned a superior court decision ordering the early termination of post release community supervision of Thomas Ward.

The Court of Appeal ruled Dec. 11, 2014, that the court had misinterpreted the law and did not have the authority to release the defendant from supervision.

The case revolved around the statutory meaning of AB 109’s definition of the term of PRCS and whether “flash incarceration” was a custodial sanction- it clearly is.

“Thanks to the great work of Deputy DA Ferguson and our ASU staff, prosecutors statewide are now able to prevent PRCS violators from obtaining early termination of supervision,” said District Attorney Mike Ramos. “Ultimately, we can now hold them responsible for their misconduct.”

The case is a published opinion, meaning it can be used by other prosecutors as legal authority.  It is the first case interpreting these sections of the Criminal Justice Realignment statutes. 

Click here to download a copy of the opinion.

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