People v. Cooper CA2/5

Filed 3/22/24 P. v. Cooper CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B326907

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 2PH05604) v.

JORDAN COOPER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert M. Kawahara, Judge. Affirmed. Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________

After finding that appellant Jordan Cooper, a convicted sex offender, violated the terms of his parole supervision by letting the battery die on his GPS monitoring device, the trial court revoked his parole and ordered him to serve 180 days in county jail under Penal Code section 3010.10, subdivisions (b) and (e).1 Cooper contends the trial court lacked substantial evidence to support its finding. We disagree and affirm. FACTS AND PROCEDURAL HISTORY In 2019, appellant Jordan Cooper pled no contest to conspiracy to commit pandering (§§ 182, 266i). The trial court suspended the imposition of an eight-month sentence and placed Cooper on probation for three years. In 2020, Cooper pled no contest to robbery (§ 211) and sexual battery (§ 243), was sentenced to three years for the former and six months for the latter, to run concurrently, in addition to eight months (that had been suspended in the prior case) to run consecutively. He was ordered to register as a sex offender. Cooper was released from prison under parole supervision in mid-September 2022, on the condition (among others) that he wear a GPS monitoring device and charge the device at least twice a day every 12 hours for at least one full hour each charging time. Despite agreeing to these terms, on September 22, 2022, Cooper allowed the battery to die on his GPS tracking device, and rendered it inoperable for two hours. Cooper had previously had a problem with the device and received a new charger for it on September 20, 2022. Cooper charged the battery for 32 minutes on the morning of September 21, 2022. When the battery on the device gets low, it vibrates every 10 minutes. The battery hit low at 8:26 p.m. on September 21, 2022. It then died