People v. Kurianski

Filed 9/17/20

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B301292

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 9PH05605) v.

GERALD R. KURIANSKI,

Defendant and Appellant.

APPEAL from an order 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.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael R. Johnsen, Deputy Attorney General, and Blythe J. Leszkay, Deputy Attorney General, for Plaintiff and Respondent. ******

When a petition to revoke parole is filed by the district attorney, a court is required by statute to “refer” the petition “to the parole officer” so that the officer (or the parole agency) can prepare a “written report” for the court to “read and consider” before “modify[ing]” or “revok[ing]” parole. (Pen. Code, § 1203.2, 1 subd. (b)(1).) When a parolee accepts a court’s offer to admit a parole violation for a specified sentence and expressly waives his right to the preliminary and final parole hearings, has he waived his statutory right to have a preparation of a written report? We conclude the answer is “yes.” We accordingly affirm the revocation order in this case. FACTS AND PROCEDURAL BACKGROUND 2 In May 2014, Gerald R. Kurianski (defendant) pled no contest to being a felon in possession of a firearm (§ 29800, subd. (a)(1)) and resisting an executive officer (§ 69), and admitted that his 2007 conviction for attempted robbery constituted a “strike” within the meaning of our Three Strikes Law (§§ 1170.12, subds. (a)-(d), 667, suds. (b)-(j)). The trial court sentenced defendant to state prison for four years. On December 27, 2016, defendant was released on parole. As a condition of parole, he was required to keep the parole officer “inform[ed]” of his current residence. On August 6, 2019, the Los Angeles District Attorney’s Office filed a petition with the court seeking to revoke defendant’s parole on the ground that he had absconded.