People v. Towe

Opinion

MUNOZ, J.

*

In this case, we decide that a probationer may not force the courts of this state to play “judicial hide and seek.” Here appellant, Danny James Towe, absconded for two years and, when finally caught, he tried to claim family problems were the reason for his failure to report to the probation officer. On this appeal, he argues he is entitled to his release because: (1) he was in the area, and (2) he was denied due process when arrested two years later since the probation officer did not look for him at the time. We affirm the judgment denying further probation and sentencing him to state prison.

In 1978 appellant was arrested and charged with five separate counts involving narcotics—two counts of transporting, selling, and furnishing cocaine and marijuana (Health & Saf. Code, §§ 11352, 11360, subd. (a)), one

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count of possession of marijuana for sale (Health & Saf. Code, § 11359, subd. (a)), and one count each of possession of amphetamine (Health & Saf. Code, § 11377, subd. (a)) and L.S.D. (Health & Saf. Code, § 11377, subd. (a)).

On April 24, 1978, appellant was allowed to plead nolo contendere to the first count which alleged he had transported, sold, or furnished cocaine. In talking to the probation officer, appellant predictably stated he had pled guilty because his lawyer advised him to do so, but he denied being guilty of the charge. The probation officer’s reaction to appellant was summarized as “. . . Mr. Towe will continue to do as he pleases, regardless of society’s laws.” Nonetheless, a grant of probation was recommended and in June, 1978, appellant was placed on probation conditioned upon his serving the first 90 days in custody.

About six months later in December, 1978, appellant sought and was granted a modification of probation conditions so that he could have narcotics paraphernalia in his possession because he wanted to open a retail store. Less than a month later, the court reconsidered, and the order modifying probation was vacated. Appellant apparently complied with probation for the next year or so but starting in July, 1980, he only reported one time in eight months. A probation violation hearing was then scheduled, and when appellant appeared, probation was revoked, then reinstated upon further condition appellant serve 10 weekends in the county jail commencing April 10, 1981. Appellant then sought and was granted a further modification of probation which permitted him to commence the weekends starting April 17, 1981. Appellant then proceeded to serve one weekend before he again violated probation by failing to appear to serve the balance of his weekends. A bench warrant was then issued on April 30, 1981.