People v. Coria CA2/6

Filed 6/6/16 P. v. Coria CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B265475 (Super. Ct. No. 2011008843) Plaintiff and Respondent, (Ventura County)

v.

JORGE CORIA,

Defendant and Appellant.

Jorge Coria appeals an order revoking his postrelease community supervision status ("PRCS"), and ordering him to serve 180 days confinement in county jail. (Pen. Code, § 3450 et seq. ["Postrelease Community Supervision Act of 2011"].)1 We affirm. FACTUAL AND PROCEDURAL HISTORY On March 24, 2011, Coria, a convicted felon, pleaded guilty to carrying a loaded firearm. (Former § 12031, subd. (a)(1).) The trial court suspended imposition of sentence and granted Coria 36 months of formal probation, with terms and conditions that included 180 days confinement in county jail. Following Coria's fourth probation violation, the trial court revoked the grant of probation and sentenced Coria to 16 months in prison. The court also imposed

1 All statutory references are to the Penal Code unless stated otherwise.

various fines and fees and awarded Coria 279 days of presentence custody credit. On November 18, 2014, the Department of Corrections and Rehabilitation released Coria into the PRCS program. On May 23, 2015, Oxnard police officers arrested Coria outside a fast-food restaurant. Coria, armed with a loaded revolver and a container of ammunition, was threatening to rob the restaurant. Coria's actions violated the terms of his PRCS requiring that he not engage in criminal conduct and that he not own, use, or have access to a firearm or to ammunition. On May 26, 2015, Senior Deputy Probation Officer Venessa Meza advised Coria of the alleged violations, conducted an administrative probable cause hearing, and determined that there was probable cause to believe that Coria had violated his PRCS terms. Meza advised Coria of his right to counsel and right to a formal revocation hearing and that she was recommending that he serve 180 days confinement in county jail. Coria denied committing the violations, declined to accept Meza's recommendation, and demanded a formal revocation hearing. On June 1, 2015, the Ventura County Probation Agency filed a PRCS revocation petition. (§ 3455.) On June 18, 2015, Coria filed a motion to dismiss the petition pursuant to Morrissey v. Brewer (1972) 408 U.S. 471, Williams v. Superior Court (2014) 230 Cal.App.4th 636, and constitutional principles of due process of law. The trial court denied the motion. On July 29, 2015, Coria submitted on the allegations in the revocation petition. The court found the allegations true, revoked Coria's PRCS status, and ordered him to serve 180 days confinement in county jail, with credit for 136 days served. Coria appeals and contends that he was denied due process of law because he did not receive a Morrissey-compliant probable cause hearing. DISCUSSION Coria argues that he did not receive due process of law because his probable cause hearing was not conducted by a neutral hearing officer, and it resembled