People v. Rogers CA4/1

Filed 4/11/22 P. v. Rogers CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079596

Plaintiff and Respondent,

v. (Super. Ct. No. PLAG3546)

KEITH L. ROGERS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David M. Gill, Judge. Affirmed. Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2021, Keith L. Rogers was on parole for a sex offense and was under GPS supervision. Rogers committed a sexual battery and a petition to revoke probation was filed. An evidentiary hearing was held on the petition. At the end of the hearing, the court revoked parole and sentenced Rogers to 76 days of additional custody. Rogers filed a timely notice of appeal.

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Rogers the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS Appellate counsel has provided an accurate summary of the facts presented at the evidentiary hearing. We will adopt the statement of facts from the appellant’s brief. Prosecution Case California Department of Corrections Parole Agent Jose Barrientos was assigned to the Inland GPS unit supervising sex offenders on GPS supervision. Rogers is required to wear a GPS monitor and is on a five-year- period of parole. His parole has been revoked ten times, and Rogers was sanctioned for 180 days confinement on each occasion. On September 7, 2021, Cheyenne T. was sunbathing in a bikini on Pacific Beach. She felt something lightly touch her butt, turned, and saw a man with his face very close to her butt. She believed he kissed her butt. Cheyenne yelled at the man, telling him to leave her alone. He slowly walked away. She began to leave the beach but decided to stay after people said the man was no longer around. The man was very tall, short-haired, African American, wearing baggy clothes and carrying bags. At the hearing, Cheyenne identified Rogers as the man. Cheyenne reported the incident to San Diego Police. She later located surveillance video from a nearby house and provided this to a detective. Cheyenne identified Rogers as the person on the video. Later that afternoon, Cheyenne identified Rogers in a field show up.