People v. Cummings CA4/2

I.

INTRODUCTION

The trial court revoked defendant and appellant David Tymel Cummings’s parole

after he failed to charge the battery on his global positioning system (GPS) tracking

device as required and failed to attend his sex offender treatment program. The court

sentenced him to serve 180 days in county jail. On appeal, defendant contends (1) the

trial court erred when it admitted inadmissible hearsay evidence at his parole revocation

hearing, and (2) the trial court erred in finding he willfully violated his parole. We reject

these contentions and affirm the order revoking his parole.

II.

BACKGROUND

On September 27, 2020, defendant was released on parole following a four-year

prison term for sexual battery in violation of Penal Code1 section 243.4, subdivision (a).

One of his parole conditions required him to wear a GPS or other device for continuous

electronic monitoring. (§ 3010.10 [requiring paroled sex offenders to wear a GPS

device.].) Defendant was required to charge his GPS device at least twice a day (every

12 hours) for a full hour each time. Additionally, he was required to immediately contact

his parole agent if the GPS device vibrated or made an…