People v. Jones CA2/4

Filed 8/24/20 P. v. Jones CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B301249

Plaintiff and Respondent, Los Angeles County Super. Ct. No. 9PH04386 v.

LOVELL JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert M. Kawahara, Judge. Affirmed. Heather E. Shallenberger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION AND PROCEDURAL BACKGROUND

On June 26, 2019, the Division of Adult Parole Operations filed a petition for parole revocation alleging defendant and appellant Lovell Jones violated parole when he absconded from parole supervision. Jones moved to dismiss the petition on the ground that the parole division failed to consider remedial sanctions short of revocation. The court denied the motion, concluding remedial sanctions were not appropriate based on Jones’s behavior. In denying the motion, the court noted Jones had appeared before for violating parole, and the court had granted a demurrer in that instance because the parole division had not considered remedial sanctions. The court concluded Jones’s conduct since the grant of that demurrer showed he was aware of his parole obligations and was refusing to comply with them, and therefore further intermediate sanctions were appropriate. The trial court held a contested revocation hearing on August 14, 2019, found by a preponderance of the evidence Jones violated parole by absconding and failing to report, revoked parole, and remanded Jones to the Department of Corrections and Rehabilitation for future parole consideration under Penal Code section 3000.08, subdivision (h). Jones filed a timely notice of appeal, and we appointed counsel to represent him. On February 5, 2020, appellate counsel filed a brief raising no issues and asking us to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Jones did not respond to our letter advising him of his right to file supplemental briefing. Following review of the record pursuant to People v. Wende, we affirm.