People v. Holston CA3

Filed 11/3/25 P. v. Holston CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ----

THE PEOPLE, C102062

Plaintiff and Respondent, (Super. Ct. No. 24CR0785)

v.

THERON KENNETH HOLSTON,

Defendant and Appellant.

The trial court placed defendant Theron Kenneth Holston on probation after he pled no contest to possession of a controlled substance with a prior and failure to register as a sex offender. Seven weeks later, the court added an electronic monitoring condition. Holston contends the trial court exceeded its jurisdiction by adding an electronic monitoring condition without changed circumstances justifying the modification. Accordingly, he requests we strike the electronic monitoring condition.

1

We asked the parties to file supplemental briefing addressing whether Holston’s original sentence was unauthorized given the state of the record. Having reviewed this briefing, we conclude Holston’s original sentence was unauthorized, and thus the trial court had jurisdiction to later impose an electronic monitoring condition that was mandatory absent specified findings not made in this case. Accordingly, we will affirm. BACKGROUND On April 3, 2024, Officer Robert Frank saw Holston, whom he recognized, walking on Placerville Drive. A records check confirmed Holston had not registered monthly as required of a transient sex offender registrant. Officer Frank placed Holston under arrest, and during the search incident to arrest that followed, found a baggie of methamphetamine and glass pipes in Holston’s pockets. Following a preliminary hearing, the People filed an information charging Holston with possession of a controlled substance with a specified prior conviction (Health & Saf. Code, § 11377, subd. (a); count 1); failure to register as a sex offender (Pen. Code, § 290.011, subd. (a); count 2),1 and possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a); count 3). The information further alleged several factors in aggravation. On July 12, 2024, Holston resolved the case by pleading no contest to counts 1 and 2 and admitting the aggravating factor that he had performed unsatisfactorily on probation. In exchange, Holston would receive two years of formal probation with a suspended sentence. Whether Holston would be subject to electronic monitoring does not appear on the plea waiver form or in the reporter’s transcript of Holston’s change of plea. The remaining count and aggravating factors were dismissed in light of Holston’s plea. The parties stipulated the factual basis for the plea would be the preliminary