Opinion
F074036
11-01-2017
THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER JONES, Defendant and Appellant.
Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Tulare Super. Ct. No. PRCS001640)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Tulare County. James W. Hollman, Judge. Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Poochigian, Acting P.J., Detjen, J. and Black,
-ooOoo-
INTRODUCTION
After a contested hearing, appellant/defendant Christopher Jones was found to have violated the terms of his Post-Release Community Supervision (PRCS). On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.
FACTS
On November 26, 2015, defendant was released from custody pursuant to PRCS, subject to certain terms and conditions, including not to use drugs.
On March 7, 2016, defendant was released after being returned to custody for violating the terms of his initial PRCS.
On March 14, 2016, defendant failed to report to the probation office as directed.
On March 15, 2016, defendant reported to Probation Officer Jesse Mora, who ordered him to report for a mental health assessment on March 17, 2016. Mora also ordered defendant to submit a drug test. The test was presumptively positive for marijuana, methamphetamine, and amphetamines. Mora advised defendant that he had violated the conditions of his release, and he would have to go to a treatment program if he failed another drug test.
On March 21, 2016, defendant reported to Officer Mora. Defendant said he missed his appointment on March 17, 2016, for the mental health assessment. Defendant gave another drug test, and again tested presumptively positive for marijuana, methamphetamine, and amphetamines. Mora searched defendant and found a small bottle of marijuana in his jacket pocket. Defendant was advised he had violated his release conditions. He was given a five-day "flash incarceration" as a sanction for the failed drug test and marijuana and returned to custody.
On March 25, 2016, defendant was released from custody. Officer Mora decided to place defendant in a residential treatment program because he had failed the drug tests. Mora drove him to the Turning Point Drug Treatment Center for a 90-day residential treatment program.
On April 1, 2016, the probation office was informed that defendant had been terminated from Turning Point because he violated the rules and regulations. Defendant's PRCS was revoked and he was returned to custody. Defendant's testimony
Defendant testified that on March 30, 2016, he was in a class at Turning Point, where a documentary about a foster home was shown. The video showed children kissing. Defendant and other residents left the room. Defendant was called to the office and asked if everything was okay. Defendant testified "we got in a verbal argument" and he left the office.
Defendant testified on March 31, 2016, he went to the computer room at Turning Point, and had a verbal altercation with a staff member. Defendant testified he called his probation officer three times to report that the staff was being disrespectful to him. Defendant also prepared a written complaint about what happened to him. Defendant was removed from the program a couple of hours later.
Defendant testified that a probation officer picked him up from Turning Point on April 1, 2016. He gave the probation officer his written report about what happened to him. Defendant believed he had been complying with the treatment program until these incidents.
Defendant testified he did not purposefully miss his appointments at the probation and mental health offices, but he could not remember the appointment days. Defendant denied that he used drugs and claimed "you guys" were "manipulating the courts" about his two failed drug tests. Procedural background
On or about April 1, 2016, a petition for revocation was filed that alleged defendant violated the terms of PRCS because he (1) failed to report to the probation office as ordered, on March 14, 2016, (2) failed to report to the mental health assessment as ordered, on March 17, 2016; (3) tested positive for methamphetamine, amphetamine, and marijuana on March 15 and 21, 2016; and (4) he failed to complete and was terminated from the residential drug treatment program on April 1, 2016.
On May 11, 2016, the court held a contested hearing. Officer Mora and defendant testified, as set forth above. The court found defendant violated the terms of his PRCS.
On June 22, 2016, the court reinstated defendant on PRCS subject to the original terms and conditions, plus service of 180 days in county jail, and immediate placement in a residential treatment program if requested by the probation officer.
On July 8, 2016, defendant filed a timely notice of appeal.
DISCUSSION
As noted above, defendant's counsel has filed a Wende brief with this court. The brief also includes the declaration of appellate counsel indicating that appellant was advised he could file his own brief with this court. By letter on February 3, 2017, we invited defendant to submit additional briefing. To date, he has not done so.
After independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
† J.
† Judge of the Fresno Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.