Articles Posted in California Courts of Appeal

by
The Court of Appeal held that a period of supervision following deportation is impractical and inconsistent with the goals and purposes of the legislation that mandates imposition of split sentences. At the time of his sentencing, the trial court considered Arce's request for a split sentence and denied it. The trial court noted that upon his release from physical custody, defendant Jose Arce was subject to deportation proceedings initiated by the United States Immigration and Customs Enforcement (ICE). The trial court found that, given the risk Arce would be deported during the period of any mandatory supervision, and thus not be subject to the probation department's supervision or able to participate in the rehabilitative services offered by the department, a split sentence was not a realistic disposition. On appeal, Arce argued the trial court should have considered the possibility that he would be able to challenge his deportation and stay in this country either temporarily while his immigration status was litigated or, although unlikely, permanently. He noted that a number of other factors that show he was amenable to mandatory supervision, including the fact that he has been in this country lawfully since 2000, had no prior criminal record, was married to a United States citizen and had three children, all of whom were also United States citizens. Split sentences are the preferred disposition in eligible cases because they provide released prisoners with close supervision and supportive services designed to substantially reduce the risk of recidivism. As a practical matter, such supervision and services are not available after a prisoner has been deported. View "California v. Arce" on Justia Law