People v. Rogers CA1/4

I. FACTUAL AND PROCEDURAL BACKGROUND

Mario Rogers was placed on parole in May 2011 with a condition requiring him to wear a Global Positioning System (GPS) ankle monitor. On March 13, 2014, the CDCR and the Contra Costa County District Attorney filed a petition to revoke Rogers’s parole pursuant to section 3000.08, subdivision (f). The petition alleged that on March 5, 2014, Rogers removed his GPS monitor in violation of section 3010.10. An evidentiary hearing on parole revocation occurred on April 15, 2014. At the hearing, the evidence showed that Rogers had mental health issues and had recently stopped taking his medication. Just prior to removing his GPS monitor, he had gotten into a fight with his mother, who told him he had to find somewhere else to live. Rogers made numerous unsuccessful attempts to contact his parole officer for advice and assistance in finding housing, including repeatedly pressing a button on the GPS monitor

2 that “notifies the parole office” that a parolee is attempting to contact his parole officer or the agency. He ultimately broke and removed his ankle monitor on the assumption that his agent would respond to his location. After he removed his…