People v. Sala CA4/1

Filed 12/5/24 P. v. Sala CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084028

Plaintiff and Respondent,

v. (Super. Ct. No. 24PA000064)

DILLON MATTHEW SALA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Bernardino County, Donna G. Garza, Judge. Affirmed. Jennifer M. French, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. This is an appeal from an order revoking parole after the court held an evidentiary hearing. Dillon Matthew Sala was convicted of evading police while driving recklessly (Veh. Code, § 2800.2, subd. (a)). He was also convicted of indecent exposure (Pen. Code, § 314.1, subd. (1)). Sala was sentenced to a determinate term in prison and later released on supervised parole.

The trial court revoked Sala’s parole on two occasions prior to the current revocation. In the current matter, the court held an evidentiary hearing at the conclusion of which the court found Sala violated parole by failure to timely report. Sala filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify arguable issues for reversal on appeal. Counsel asks the court to independently review the record for error as mandated by Wende. We offered Sala the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS Appellate counsel has submitted a summary of the facts presented at the evidentiary hearing. We will include counsel’s summary for background. Parole Officer Ross was the sole witness at the February 29, 2024 parole violation hearing. Ross testified that, on January 9, 2023, Sala reviewed and signed his notice and conditions of parole. Condition No. 2 required Sala to “report to [his] parole agent on the first working day following [his] release [from custody.]” Because of his prior conviction, Sala was required to be supervised using GPS technology under Penal Code section 290. Penal Code section 3010.10, subdivision (a), also required Sala to report to his parole officer within one working day after release from custody to obtain a GPS monitoring device. On January 10, 2024, at approximately 3:18 p.m., the Robert Presley Detention Center released Sala from custody. Ross testified that Sala failed to appear to the Riverside Parole Office on January 11, 2024. On January 12,