The People v. Dees CA5

FACTS

On May 25, 2011, Dees and three other men broke into a house in Madera and took jewelry and other items. Dees and two of the men were gang members. On May 31, 2011, the district attorney filed a complaint charging Dees and the three other men with one count of burglary. The complaint also charged Dees with two prior prison term enhancements. Dees was on parole when he committed the underlying burglary offense. One of his conditions of parole was that he not “contact or associate with any person [he knew] or should have known to be a gang member or associate.” On August 3, 2011, Dees was taken into custody for a parole violation that was based on his commission of the above noted burglary and for “associating with prohibited persons.” His expected parole date was August 3, 2012. According to Dees’s parole officer, Dees’s parole would have been revoked solely for associating with prohibited persons. On September 14, 2011, while serving time on his parole violation, Dees was returned to Madera County custody for proceedings related to the instant case. On March 28, 2012, Dees pled guilty to the burglary charge and admitted one of the prior prison term enhancements in exchange…