People v. Mendez CA4/3

I. Introduction

The trial court found that Steven Mendez violated the conditions of his parole by failing to keep his global positioning system (GPS) device charged. The court sentenced Mendez to 62 days in jail with 62 days of credit and restored his parole. On 1 appeal, Mendez argues (1) substantial evidence did not support a finding that he failed to charge his GPS device as required by his parole conditions and (2) the court abused its discretion by revoking his parole. We conclude the evidence supported a finding that Mendez violated parole, but that parole revocation was not an appropriate disposition because the trial court found the violation was the result of negligence. We therefore reverse the parole revocation order and remand.

II. Facts

In 2013, Mendez was convicted of contacting a minor with intent to have sex (Pen. Code, § 288.3), sentenced to eight months in prison, and ordered to register as a sex offender. After his release from incarceration, Mendez failed to register as a sex offender and was sentenced to 16 months in prison. Mendez was released on parole in December 2014. California Department of Corrections and Rehabilitation Parole Agent Steven Truong was…