People v. Durham CA2/1

BACKGROUND

On October 6, 2015, the trial court sentenced defendant to prison for two years for assault with intent to commit rape. On May 16, 2017, he was placed on parole. Conditions of parole included that defendant not travel more than 50 miles from his residence without prior approval, not leave the state of California without prior approval, and participate in continuous electronic monitoring with a GPS (global positioning system) device. On October 29, 2021, the Department of Corrections and Rehabilitation Division of Adult Parole Operations (the Division) filed a petition to revoke defendant’s parole. According to the petition, defendant absconded from parole, traveled outside the 50-mile permissible radius, and disabled his GPS tracking device. The Division recommended that the court return defendant to custody for 180 days. At a hearing to assess probable cause for parole revocation, defendant stipulated that there was probable cause to believe he violated the terms and conditions of parole. At the formal revocation hearing, the parties stipulated to the allegations in the parole violation report as evidence. That report included the following: On September 29, 2021, the…