People v. Montes de Oca CA2/8

Filed 12/7/20 P. v. Montes de Oca CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B300064

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 9PH01947) v.

WILLIAM MONTES DE OCA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Robert M. Kawahara, Judge. Affirmed. Karyn H. Bucur, 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 Deputy Attorney General, Michael R. Johnsen and Theresa A. Patterson, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant William Montes de Oca appeals from the court’s order revoking his parole and remanding him to the custody of the Department of Corrections and Rehabilitation and the jurisdiction of the Board of Parole Hearings for future parole consideration. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant was convicted of second degree murder in October 1988 and sentenced to life with the possibility of parole (Super. Ct. L.A. County, No. A956489). In December 2017, defendant was released on supervised lifetime parole. (Pen. Code, § 3000.1.) The petition for revocation of defendant’s parole, filed on March 21, 2019, reported the relevant terms and conditions of parole, the circumstances of the alleged violation, and defendant’s pertinent history and background, and explained why his parole agent, Don Gonzales, recommended parole be revoked. We summarize below the petition and the testimony at the parole revocation hearing. The terms and conditions of parole, acknowledged and signed by defendant before his release from prison, included the condition that he report to his parole agent on the first working day after his release from custody and provide his residence address, telephone number, and employment information. The terms and conditions also required that he report to his parole agent, in advance, any anticipated change of residence, and that he inform his parole agent within 72 hours of any change of employer, employment location or termination of employment. Defendant initially was placed in a transitional housing program that “addresse[d] anti-social cognitions and promote[d] a positive reintegration” and he also received “other resources”