People v. Vega CA4/3

Filed 7/26/16 P. v. Vega CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G052919

v. (Super. Ct. No. P02088)

FRANK XAVIER VEGA, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Frank Xavier Vega, in pro. per.; and Steven J. Carroll, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION Defendant Frank Xavier Vega appeals from an order revoking and reinstating his parole. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed counsel identified a potential issue to assist us in our independent review. Vega was granted 30 days to file written arguments in his own behalf. He filed a supplemental brief. We have examined the entire record, counsel’s Wende/Anders brief, and Vega’s supplemental brief. After considering the entire record, we have found no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

BACKGROUND In October 2015, the California Department of Corrections and Rehabilitation filed a petition seeking the revocation of Vega’s parole. The petition stated that on August 13, 2015, Vega had been convicted of failing to register as a sex offender under Penal Code section 290.018, subdivision (b), and was sentenced to a prison term of one year four months. On September 22, Vega was released on parole with terms and conditions requiring, inter alia, that he participate in continuous electronic monitoring through global positioning system (GPS) technology. The petition stated Vega had violated the terms and conditions of his parole by disabling the GPS device that he was required to wear. At the hearing on the petition for revocation of Vega’s parole, Donnell 1 Thrower testified that he was Vega’s parole agent. He stated that Vega was required to charge his GPS device at least two times per day (every 12 hours) for at least one full 1 Supervision of Vega was scheduled to expire on September 21, 2018 (the controlling discharge date).