People v. Rogers CA4/1

STATEMENT OF FACTS

Appellate counsel has provided an accurate summary of the facts presented at the evidentiary hearing. We will adopt the statement of facts from the appellant’s brief. Prosecution Case California Department of Corrections Parole Agent Jose Barrientos was assigned to the Inland GPS unit supervising sex offenders on GPS supervision. Rogers is required to wear a GPS monitor and is on a five-year- period of parole. His parole has been revoked ten times, and Rogers was sanctioned for 180 days confinement on each occasion. On September 7, 2021, Cheyenne T. was sunbathing in a bikini on Pacific Beach. She felt something lightly touch her butt, turned, and saw a man with his face very close to her butt. She believed he kissed her butt. Cheyenne yelled at the man, telling him to leave her alone. He slowly walked away. She began to leave the beach but decided to stay after people said the man was no longer around. The man was very tall, short-haired, African American, wearing baggy clothes and carrying bags. At the hearing, Cheyenne identified Rogers as the man. Cheyenne reported the incident to San Diego Police. She later located surveillance video from a nearby house…