People v. Chambers CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In view of the limited issue raised on appeal, we provide a brief summary of relevant background.

1 While on probation for burglary and resisting an executive officer, defendant absconded from the sober living facility he was assigned to under a home detention program put in place pursuant to Penal Code section 1203.016. (Statutory section citations that follow are to the Penal Code.) He was found with a stolen aerosol can he used to “get high and relieve the pain.” Charged with felony escape (§ 4532, subd. (b)(1)), defendant moved to reduce the charge to a misdemeanor pursuant to section 17, subdivision (b). Defendant argued for leniency because his relapse was precipitated by a collapse in social services due to the COVID-19 pandemic. Additionally, he had not cut off his global positioning system anklet or attempted to flee when found. The prosecution countered that defendant had “a criminal history dating back to 1981 with felonies as recent as 2018,” and that he was found on the run, nine days after leaving the facility. The court denied defendant’s motion without explanation. Defendant then pleaded no contest to felony escape. His plea…