People v. Taylor CA3

Filed 10/13/20 P. v. Taylor CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C090108

Plaintiff and Respondent, (Super. Ct. No. 17CF05962)

v.

BURLIN DOUGLAS TAYLOR,

Defendant and Appellant.

The trial court revoked defendant Burlin Douglas Taylor’s probation after he allowed his global positioning system (GPS) device to stop functioning, failed to update his address with probation, and failed to enroll in a batterer’s treatment program. Defendant argues on appeal the trial court abused its discretion when it found he had willfully violated his probation conditions. We disagree and affirm the judgment. I. BACKGROUND Defendant pled no contest to one count of corporal injury on a dating partner. (Pen. Code, § 273.5, subd. (a).) The trial court placed him on a four-year term of

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probation. Among other conditions of probation, defendant was required to enroll in a batterer’s treatment program, keep the probation officer informed of his residential address, and seek approval before changing his residence. Three months later, defendant admitted three violations of probation involving the use of marijuana and methamphetamine, a failure to appear in court, and a failure to report to probation. The trial court revoked, then reinstated probation with modified terms. The terms included a GPS monitoring condition, which required defendant to “comply with all GPS guidelines including zone restrictions, curfew restrictions, charging requirements and equipment care issues.” Probation officers attempted to conduct a search of defendant’s listed residence, but found that he had not lived there for two or three weeks. The next month, probation officers returned to the address, and were again informed that defendant did not live there. That same month, defendant’s GPS battery died. Defendant charged it, but it died again three days later. The GPS battery was not charged again after that. Trying to update defendant’s address, probation staff called defendant at the number he had given them and found the number connected to the old address they had previously visited; defendant’s former roommate told them that defendant no longer lived at that address. A probation officer also determined defendant had not enrolled in a batterer’s treatment program. Defendant admitted three violations of probation, including a failure to notify probation of a change of address, a failure to enroll in a batterer’s treatment program, and a failure to charge his GPS. He explained the GPS charger had stopped working and he did not know what to do. Defendant also explained he was unable to pay the down payment for the batterer’s treatment program, and the program would not waive its fees. The probation officer noted the probation department had provided defendant with several contact numbers for resolving problems with the GPS device, and defendant had