People v. Mendez CA4/3

Filed 8/29/16 P. v. Mendez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051667

v. (Super. Ct. No. P00227)

STEVEN MENDEZ, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, William Lee Evans, Judge. (Retired judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI., § 6 of the Cal. Const.) Reversed. Susan L. Ferguson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent. * * *

I. Introduction The trial court found that Steven Mendez violated the conditions of his parole by failing to keep his global positioning system (GPS) device charged. The court sentenced Mendez to 62 days in jail with 62 days of credit and restored his parole. On 1 appeal, Mendez argues (1) substantial evidence did not support a finding that he failed to charge his GPS device as required by his parole conditions and (2) the court abused its discretion by revoking his parole. We conclude the evidence supported a finding that Mendez violated parole, but that parole revocation was not an appropriate disposition because the trial court found the violation was the result of negligence. We therefore reverse the parole revocation order and remand.

II. Facts In 2013, Mendez was convicted of contacting a minor with intent to have sex (Pen. Code, § 288.3), sentenced to eight months in prison, and ordered to register as a sex offender. After his release from incarceration, Mendez failed to register as a sex offender and was sentenced to 16 months in prison. Mendez was released on parole in December 2014. California Department of Corrections and Rehabilitation Parole Agent Steven Truong was Mendez’s assigned parole agent. On January 6, 2015, Truong placed a GPS device on Mendez, who signed the conditions of parole. Among the conditions of parole was that Mendez wear a GPS device. Mendez was required to charge the GPS device “for 1 hour within 10 minutes of receiving a low battery alert” and “at least two times per day (every 12 hours) for at least 1 full hour for each charging time.” Mendez was required to contact his parole agent “immediately” whenever the GPS device vibrated and/or made a beep.