P.

P. v. Harding CA1/4

Good Law
Court of Appeal of CaliforniaJune 28, 2013A136150California1,953 words

Opinion

Opinion

Humes, J.

I.

FACTUAL AND PROCEDURAL

BACKGROUND

In 2011, Harding was sentenced to four years, eight months in prison after violating his felony probation, and received 1,080 days credit for time served. The facts of the underlying crimes and the probation violation are set forth in two prior appeals, and are not at issue. (People v. Harding (Oct. 28, 2011, A131334) [nonpub. opn.]; People v. Harding (July 29, 2011, A129243) [nonpub. opn.].)

1 Harding was released from prison on January 3, 2012, despite his refusal to sign an agreement that he would comply with his PRCS conditions. Two days later, an arrest warrant was issued after he failed to report to his probation officer, and he was arrested on January 10. The probation officer filed with the court a petition for revocation of community supervision, requesting “that action be taken . . . for a violation of [PRCS]” based on Harding’s refusal to sign the PRCS agreement and failure to report. On January 12, Harding’s PRCS was preliminarily revoked pending a hearing, and he remained in jail. On February 8, the court found that Harding had not violated his PRCS conditions because he never agreed to them, but that he had been “released…

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