In re Ernst CA5
This case involves the question of whether Proposition 57 requires an in-person parole hearing for prisoners convicted of nonviolent offenses and sentenced to determinate terms.
In 2018, respondent John Ernst pleaded guilty to felony criminal threats and admitted prior serious felony enhancements; he was sentenced to 14 years in prison. In both 2018 and 2019, Ernst was eligible for the parole consideration as a prisoner convicted of a nonviolent felony and sentenced to a determinate sentence, pursuant to the provisions of Proposition 57.
Proposition 57 was approved by California voters in 2016, and added section 32 to Article I of California’s Constitution that states: “Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.” (Cal. Const., art. I, § 32, subd. (a)(1), italics added.)
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