People v. Charles CA4/1

Filed 6/22/22 P. v. Charles CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D079191

Plaintiff and Respondent,

v. (Super. Ct. No. PLAW1001)

MICHAEL CHARLES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Michael S. Groch, Judge. Affirmed. Charles R. Khourey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Daniel Rogers, Assistant Attorney General, Eric A. Swenson and Charles C. Ragland, Deputy Attorneys General for Plaintiff and Respondent. INTRODUCTION Michael Charles, a convicted sex offender, served 120 days in local custody in San Diego County for parole violations after he disabled his GPS

monitoring device, absconded from parole supervision in Shasta County, and moved without permission to San Diego County. When he was released, he failed to comply with orders to report for supervision in Shasta County and instead went to a parole office in San Diego County. There, he refused the parole agent’s orders to put on a GPS monitoring device and return to Shasta County. Although he admitted at his parole revocation hearing that he did “refuse,” he asserts substantial evidence does not support the trial court’s finding that he willfully violated parole. We affirm the judgment. FACTUAL AND PROCEDURAL BAGKROUND

In 2015, Charles was convicted in Shasta County of arson (Pen. Code,1 § 451, subd. (c)), sexual battery (§ 243.4, subd. (a)), and rape of an intoxicated person (§ 261, subd. (a)(3)). In April 2019, after serving his sentence of four years in state prison, he was released on parole with supervision in Shasta County until December 2022. Because of his arson and rape convictions, he was required to register as an arson offender (§ 457.1) and sex offender (§ 290), and to participate in continuous electronic monitoring by wearing a GPS monitoring device. Charles violated parole approximately 14 times in a period of less than two years, between April 2019 and May 2022. In March 2021, he disabled his GPS monitoring device, absconded from parole supervision in Shasta County, and moved without permission to San Diego County. He did not register as an arson offender or sex offender when he came to San Diego County. He was arrested in San Diego County, admitted he violated his parole conditions, and was sentenced to serve a stipulated term of 120 days in local custody. He