People v. Villescaz CA3

Filed 1/26/21 P. v. Villescaz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C091657

Plaintiff and Respondent, (Super. Ct. No. CRPR20207)

v.

MICHAEL LEON VILLESCAZ,

Defendant and Appellant.

In 1976, defendant was convicted of sodomy while confined in state prison. (Pen. Code,1 § 286, subd. (e).) As a result of his conviction, defendant must register as a sex offender under section 290. In November 2016, defendant was convicted of possession of a controlled substance and was sentenced to two years eight months in state prison. Defendant was released on parole to Yolo County on July 9, 2018, with a parole expiration date of June 28, 2022.

1 Further undesignated statutory references are to the Penal Code.

1

As a section 290 registrant on parole and as special conditions of his parole, defendant was required to wear a global positioning system (GPS) monitoring device. (§ 3010.10.2) Special condition No. 068 required defendant to “participate in continuous electronic monitoring, e.g., global positioning system (GPS) technology.” Special condition No. 073 required defendant to “charge the GPS device at least two times per day (every 12 hours) for at least 1 full hour for each charging time.” And special condition No. 075 directed defendant to “contact [his] parole agent immediately if and when the device vibrates and/or makes an audible tone (beep).” Defendant signed forms outlining the general and special conditions of his parole on July 10, 2018, the day after he was released on parole. On January 15, 2020, defendant’s parole agent Troy Libonati filed a parole revocation petition in Yolo County Superior Court alleging defendant violated section 3010.10, subdivision (b), as well as his special parole conditions that required him to wear a GPS monitoring device. That same day, the court held an ex parte proceeding and found probable cause to preliminarily revoke defendant’s parole. According to the parole violation report, on January 10, 2020, at around 4:43 p.m., defendant’s GPS device emitted a “low battery” vibrating alert. During “low battery mode,” the GPS device vibrates numerous times to alert the wearer it needs to be charged. Despite this warning, defendant failed to charge his GPS device. At 9:42 p.m. that same day, defendant’s GPS device emitted a “critical battery” vibrating alert. In this mode, the device vibrates numerous times to warn the wearer that