People v. Fierros CA2/6

Filed 6/7/16 P. v. Fierros CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B265259 (Super. Ct. No. 2011035899) Plaintiff and Respondent, (Ventura County)

v.

MARTIN FIERROS,

Defendant and Appellant.

Martin Fierros 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. Fierros 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 2012, Fierros was convicted of possession of a firearm by a felon with one prior. (Former Pen. Code, § 12021, subd. (a)(1).) He was sentenced to two years in state prison. In 2012, Fierros was released on PRCS. On April 18, 2015, Fierros was arrested for domestic battery. The probation agency alleged he had committed numerous PRCS violations.

On April 20, 2015, a probable cause hearing was held before Probation Officer Venessa Meza. Meza found probable cause for finding that Fierros violated his PRCS conditions. In the probation officer's written report for revocation of PRCS, the probation agency stated that Fierros was advised of his right to counsel, he denied the violation, "declined to accept" a "proposed sanction," and requested a court hearing. On April 22, 2015, the Ventura County Probation Agency filed a petition to revoke PRCS and scheduled a hearing date for May 14, 2015. On May 14, 2015, Fierros's counsel filed a motion to dismiss the petition. Fierros claimed the revocation process violated his due process rights and cited Williams v. Superior Court (2014) 230 Cal.App.4th 636 (Williams). On May 14, 2015, the trial court held a hearing on that motion. The court denied the motion. On May 19, 2015, Fierros appeared in court with his public defender and he admitted the PRCS violations. The court ordered him to serve 150 days in county jail with a total credit of 64 days. On July 28, 2015, Fierros was arrested for falsifying documents to be used in evidence. (Pen. Code, § 134.) He received a probable cause hearing before Meza on July 29, 2015. Meza found probable cause that Fierros violated his PRCS conditions. Fierros was advised of his right to counsel. He denied the violations, declined to accept a proposed sanction, and requested a court hearing. The probation agency filed a petition for revocation of PRCS on August 5, 2015. On August 13, 2015, Fierros filed a motion to dismiss the petition alleging the PRCS process violated his right to due process of law. On the same day, the trial court held a hearing on his motion. It denied the motion. The court found that: 1) Meza conducted a probable cause hearing that was compliant with Morrissey v. Brewer (1972) 408 U.S. 472 (Morrissey); 2) the parole procedures set forth in Williams, supra, 230 Cal.App.4th 636 do not apply to PRCS; and 3) there were "no violations of the defendant's due process rights."