People v. Lovio CA2/6

Filed 5/24/16 P. v. Lovio CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B266809 (Super. Ct. No. 2013009607) Plaintiff and Respondent, (Ventura County)

v.

RICHARD LOVIO,

Defendant and Appellant.

Richard Lovio was subject to postrelease community supervision (PRCS) when he was arrested. (Pen. Code, § 3451.) He had an informal probable cause hearing before a probation officer. Subsequently, the trial court found him in violation of PRCS. He contends, among other things, that the trial court erred because the PRCS revocation process violates his right to due process. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2013, Lovio was convicted of possession of a firearm (Pen. Code, § 29800, subd. (a)(1)) and possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). He was sentenced to 16 months in state prison. On July 8, 2014, Lovio was released on PRCS. On February 18, 2015, Lovio was arrested for violating his PRCS terms.

On February 20, 2015, a probable cause hearing was held before a probation officer who found probable cause that Lovio violated his PRCS conditions. On February 25, 2015, the Ventura County Probation Agency filed a petition to revoke his PRCS. On March 12, 2014, Lovio's counsel filed a motion to dismiss the petition citing Williams v. Superior Court (2014) 230 Cal.App.4th 636 (Williams) and alleging the PRCS procedure violated his due process rights. On March 13, 2015, the trial court denied the motion. It found his probable cause hearing complied with the due process protections in Morrissey v. Brewer (1972) 408 U.S. 472 (Morrissey). At a PRCS revocation hearing on March 25, 2015, Lovio submitted on the violations alleged in the petition. The trial court revoked his PRCS and ordered him to serve 90 days in county jail with a total credit of 72 days. On June 26, 2015, Lovio was in custody for violating his PRCS conditions. On June 29, 2015, he had a probable cause hearing before Probation Officer Venessa Meza. Lovio denied the violations, was advised of his right to counsel, declined to accept a proposed sanction, and demanded a court hearing. Meza found probable cause that Lovio violated his PRCS conditions. On July 2, 2015, the Ventura County Probation Agency filed a petition to revoke PRCS and scheduled a hearing date for July 16, 2015. On July 15, 2015, Lovio's counsel filed a motion to dismiss the petition. Citing Williams, Lovio claimed the PRCS revocation process violated his due process rights. The trial court denied the motion. On July 16, 2015, Lovio appeared in court with his public defender and submitted on the allegations of the petition finding PRCS violations. The trial court found he violated PRCS. It ordered him to serve 150 days in county jail with a total credit of 42 days.