People v. Miller CA4/2

BACKGROUND

In 2004, defendant was convicted of a violation of section 314.1, indecent

exposure, for which he was placed on probation and ordered to register as a sex offender

pursuant to section 290.018, subdivision (b). He has been convicted twice of violating

section 290.018, subdivision (b) by failing to register, as well as one violation under

section 290, subdivision (g)(2).

Defendant’s parole on those charges has been violated nine times, including twice

in 2022 for failure to charge the GPS device, for which incarceration was imposed.

Defendant’s most recent incarceration ended on December 15, 2022, when he was

released on parole pursuant to certain special conditions of parole, one of which required

him to participate in continuous electronic monitoring (special condition, No. 46), and

another of which required him to recharge his GPS device twice daily, every 12 hours,

for one hour each time.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 Upon defendant’s release from custody on December 15, 2022, the GPS device

was placed on defendant’s ankle and charged from 12:06 p.m. until 12:12 p.m. (six

minutes); he charged it…