People v. Dye CA6

I. BACKGROUND

In January 2023, Dye was charged with one count each of possession of a controlled substance with a firearm (Health & Safety Code, § 11370.1, subd. (a)), possession of an assault weapon (§ 30605, subd. (a)), and possession of a controlled substance (Health & Safety Code, § 11377.) Dye pleaded no contest to the first charge in exchange for dismissal of the two remaining charges. The trial court sentenced Dye to 24 months supervised probation conditioned on 180 days in jail. The court credited Dye with one day already served and authorized Dye to serve the jail sentence on electronic home monitoring: specifically, the Custody Alternative Program (CAPS) operated by the sheriff’s office. During the sentencing hearing, the trial court stated that it authorized Dye to serve his sentence “on CAPS or private monitoring” and directed him to “have it set up with CAPS or show proof to the Court that you’re signed up with Options or the other organization.” Although Dye attempted to enroll in CAPS, he was told that the did not qualify. Consequently, on August 10, 2023, Dye enrolled instead in Options, a private electronic monitoring program. On August 15, 2023, the sentencing…