People v. Febbo CA4/3
Opinion
Opinion
FACTS
In November 2009, Febbo was convicted of first degree burglary (§ 459), and indecent exposure (§ 314). The trial court sentenced him to two years in prison, and he was released on parole in November 2010. He violated parole, his parole was revoked, and he was released on parole again in November 2013 for a maximum period of March 2014 with terms and conditions. On a couple early mornings in January 2014, Angela W. was in the shower and looked out her bathroom window. Febbo stood nude on his illuminated outdoor balcony and masturbated. A petition to revoke parole was filed. The petition alleged that on a few mornings in January 2014, Febbo stood naked on his balcony and masturbated. At the parole revocation hearing, Angela testified Febbo stood on his balcony and masturbated. Angela said her bathroom window was about 30 to 35 feet below his balcony. The trial court concluded Febbo violated his parole conditions and revoked parole. The court sentenced Febbo to jail for 180 days. The court issued a three-year criminal protective order pursuant to section 646.9, subdivision (k), using a form Judicial Council criminal protective order.