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Parole Grant Under PC 3055 Supercedes Thompson Terms

In re Hoze Court: California Courts of Appeal, Docket: A158399 (First Appellate District), Opinion Date: February 25, 2021. Hoze began serving an indeterminate life sentence in 1980 after being convicted of attempted kidnapping, assault with a deadly weapon, robbery, vehicle theft, oral copulation, kidnapping with intent to commit robbery, and battery by means of force and violence. While incarcerated, he was convicted of weapon possession in 1981 and in 1987. Hoze was sentenced to two additional, consecutive prison terms (Thompson terms) for the in-prison offenses, totaling four years. In 2018, the Board of Parole Hearings granted Hoze parole under the Elderly Parole Program, Penal Code 3055, reasoning that based on “the positive adjustments you’ve made over the last decade . . . you no longer pose a risk of danger to society.” While in prison, Hoze participated in vocational training and self-help programs including Alcoholics Anonymous and Narcotics Anonymous. He received positive work reports. The Board explained, “you have matured” and that “your current age of 67 does reduce your recidivism risk.” Although the parole decision became final in September 2018, Hoze was not released immediately. The Board concluded that his parole grant did not excuse him from serving his Thompson terms, citing Penal Code section 1170.1(c). The court of appeal held that Hoze is not required to serve his sentences for in-prison offenses because a grant of parole under section 3055 supersedes section 1170.1(c).

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