People v. Miller CA4/2

Good Law
Court of Appeal of CaliforniaMay 8, 2023E080249California647 words

Opinion

Opinion

BACKGROUND

Defendant is required to register as a sex offender as a result of his December

2004 conviction for indecent exposure. (§ 314.).

In April 2018, defendant was convicted of violating subdivision (b) of section

290.018 because he failed to comply with the registration requirement and was sentenced

to a 32-month term in prison. We affirmed his conviction in People v. Miller (Dec. 4,

2018, E070554) [nonpub. opn.].

Defendant was released on parole in August 2019 subject to terms and conditions,

which defendant acknowledged. Since then, defendant has violated terms and conditions

of his parole on numerous occasions, including absconding without participating in GPS

monitoring and thereafter (i) disabling his GPS monitor on three occasions and (ii) twice

failing to charge the monitor in accordance with a special condition of his parole.

In October 2022, defendant (who was a transient) again failed to charge the GPS

monitor as required even though he had been transported to the parole office where an

electricity source was made available to him. While there, he became involved in an

altercation that led to his arrest, and the discovery in his sweater of a glass…

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