People v. Wiseman CA4/2

I.

INTRODUCTION

The trial court rejected defendant and appellant Chester Ray Wiseman’s claim that

the prosecution had improperly destroyed potentially exculpatory evidence, and found

true that defendant had violated his parole conditions by being in possession of two

knives. The court thereafter revoked defendant’s parole and sentenced him to 180 days

in county jail. On appeal, defendant contends the trial court erred in denying his claim

that the prosecution had destroyed the surveillance video, and thus the order revoking his

parole should be reversed. We disagree and affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

On October 17, 2023, B.C. and J.C., both parole agents, contacted defendant, a

parolee, at defendant’s cardboard, fully enclosed homeless encampment behind the state

parole office in Victorville. They contacted defendant because his encampment was

blocking the back door. When he was released from prison, defendant had signed and

indicated he understood the terms and conditions of his parole. Among other terms and

conditions of parole, one of defendant’s parole conditions prohibited him from possessing

any knife with a blade longer than two…