By Ramneet Singh
WOODLAND, CA – Judge Tom Dyer of Yolo County Superior Court late last week overheard a case partly concerning parole termination—the judge confessed he was “a bit disappointed” by the outcome.
According to the records, Elijah Rodriguez had several felony charges against him with enhancements from 2012. As an example, the first charge involved assault with enhancements related to “gang activity” and causing “great bodily injury.”
Deputy Public Defender Teal Dixon represented Rodriguez, while Deputy District Attorney Carolyn Palumbo represented the prosecution.
Dyer started the review by relaying the defense motion to the court. PD Dixon wanted “to set aside the plea, dismiss the conviction, and terminate parole supervision.” Dixon also submitted information concerning PC section 3000.01, relating to persons released from prison since July 1, 2020, and subject to CDCR jurisdiction and supervision.
Dyer noted that “this matter was…on calendar in April” for Rodriguez to participate in a fire program, which was completed.
When directed, Dixon presented a letter from Rodriguez’s parole officer, which read “he’s still doing well, he’s still stable, he’s still employed, and has no violations.”
With better performance, PD Dixon stated “…his employment prospects are improving, he’s on a probationary period as a driver with UPS, which is a step up from where he was.”
Dixon noted that “had (Rodriguez) been released a day earlier, he would have had just one year of probation.” Dixon stated he had “two years of probation, with a year to trail” in case of violation. Dixon reiterated that he has had no violations in 16 months.
Dixon noted Rodriguez’s positive behavior before custody and that “you don’t get to fire camp unless you are performing well in prison.” The PD described him as a “model parolee” with a better perspective, and argued that “he’s the exact kind of person this statute was intended to apply to.”
Palumbo noted that Robin Johnson, the former DDA, was the one who had the opposition to the motion and had not seen the recent information presented by Dixon.
Challenging the continuance, PD Dixon noted that “this has been on calendar since April” and that the new information documents positive improvements by Rodriguez.
After a brief pause, Dyer noted “it’s not without some reservation, I’ll shortset this…a little bit disappointed that anything hasn’t been filed today.”
In determining the next court date, PD Dixon stated that Rodriguez was “working about 60 hours a week. It was very difficult for him to get a day off.” Dixon noted that she would want him to be there, acknowledging his family’s and his own presence at the current session.
Judge Dyer waived his appearance for the Nov. 9, 1:30 p.m. court date; he invited the family to attend.