People v. Wiltse CA1/5

Filed 2/18/21 P. v. Wiltse CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A159418 v. DON RALPH WILTSE, (Mendocino County Super. Ct. No. Defendant and Appellant. SCUKCRPA1933755)

Appellant Don Ralph Wiltse, having served a prison term for failing to register as a sex offender, was found to have violated conditions of his parole that prohibited him from entering or loitering “within 250 feet of the perimeter of places where children congregate” or from entering “any park where children regularly gather” without the permission of his parole agent. We conclude that while these terms were reasonable, they were not violated when appellant, who was homeless at the time, took a 15-minute shower in a KOA campground with the permission of the owner when the only evidence presented showed the campground to be closed to the public. We reverse the order revoking his parole and imposing 60 days in custody.

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I. BACKGROUND Appellant’s criminal history includes forcible lewd conduct with a child under 14 in violation of Penal Code section 288, subdivision (b)(1).1 In 2016, he was convicted of failing to register as a sex offender under section 290.018, subdivision (b). He was initially placed on probation but was sentenced to two years in prison following a violation and was released on parole on June 6, 2018. When appellant was released on parole, the Division of Adult Parole Operations for the Department of Corrections and Rehabilitation (DAPO) imposed several special conditions, a written copy of which appellant signed on June 7, 2018. Any exceptions to the conditions were to be approved in writing by the Unit Supervisor. Condition number 18 provided, “You shall not enter or loiter within 250 feet of the perimeter of places where children congregate; e.g., day care centers, schools, parks, playgrounds, video arcades, swimming pools, state fairgrounds, county fairgrounds, etc.” Condition number 20 provided, “You shall not enter any park where children regularly gather without prior written approval from your parole agent. The written approval must be kept with you while you are in the park.” Condition number 99 provided, “You shall not use any public shower facility, join any health club, physical fitness training facility, or sports club.” Appellant violated parole several times