People v. Rosser CA3

I. BACKGROUND

In 2009, defendant pleaded guilty to unlawful sexual intercourse (Pen. Code, § 261.5, subd. (c))1 and furnishing marijuana to a minor 14 years old or older (Health &

Undesignated statutory references are to the Penal Code.

1 Saf. Code, § 11361, subd. (b)). He was ordered to serve 180 days in jail and placed on probation for three years. He was also ordered to complete a sex offender treatment program and pay a $60 court security fee (§ 1465.8, subd. (a)(1)). In August 2011, following a petition to revoke probation, defendant admitted to a probation violation for using marijuana and failing to report a police contact to his probation officer. Probation was revoked and reinstated, and he was ordered to serve 90 days in jail. In September 2012, another petition to revoke probation was filed (the one at issue here). It alleged defendant had failed to submit monthly reports; advise probation of his residence, address, and phone number; and complete a sex offender treatment program.2 The court revoked probation and issued a bench warrant. Defendant was on abscond status until mid-2015. In June 2015, a contested revocation hearing was held. A. Defendant’s Failure…