People v. Badue CA1/2

Filed 10/25/23 P. v. Badue CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, A166154 v. STEVE BADUE, (San Mateo County Super. Ct. No. 22SF006942A) Defendant and Appellant.

Steve Badue appeals from an order revoking and reinstating his parole. His appellate counsel filed an opening brief informing this court that he reviewed the record and could find no arguable issues to raise on appeal. Citing People v. Delgadillo (2022) 14 Cal.5th 216, counsel asked us to send his brief to the defendant with notice “informing the defendant of the right to file a supplemental letter or brief and that if no letter or brief is filed within 30 days, the court may dismiss the matter.” (Id. at pp. 231-232.) We so informed Badue, and he filed a supplemental brief that is one page long and consists of 12 lines of text. We have evaluated Badue’s arguments as best we understand them, and we find no issues of merit. Accordingly, we shall affirm. FACTUAL AND PROCEDURAL BACKGROUND We draw our summary of the underlying facts from the June 6, 2022 Parole Violation Report (Report), which alleged two parole violations:

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absconding parole supervision, and failure to participate in global positioning system (GPS) monitoring. According to the Report, in February 2021, Badue was convicted of violating Penal Code section 148 (resisting officer with threat of violence).1 He was sentenced to two years in state prison for this offense, and was released on parole in April 2022. On May 17, 2022, Badue reported as ordered to a parole officer, and signed his “Special Conditions of Parole,” one of which required continuous electronic monitoring.2 Later in the meeting Badue refused to allow a GPS device to be placed on his ankle. The parole officer told Badue to wait in the lobby while he brought out his supervisor, but Badue had fled the building by the time the officer and supervisor arrived. That same day, a warrant was issued for Badue’s arrest, and Badue was arrested on the warrant later that month. A parole revocation conference was held on August 26, 2022. Badue represented himself, the court having previously granted his Faretta motion. (Faretta v. California (1975) 422 U.S. 806.) In response to questions from the court at the conference, Badue acknowledged that he understood the allegations in the petition for parole revocation, that he had time to review