WOODLAND, CA – In a contested violation of parole hearing late last week in Yolo County Superior Court, Judge David Reed expressed doubt about a defense argument that the accused did not have the resources to abide by their terms of parole.
Judge Reed agreed with the 180 day sentence given to the accused for their alleged parole violation in May, despite the defense request for a shorter sentence because of the unhoused status of the accused.
The accused was charged with violating parole on the grounds the accused tampered with their ankle monitor.
According to Deputy Public Defender Ron Johnson, the accused is currently unhoused, though they have been in custody since May 21, when taken in for the alleged violation.
DPD Johnson argued because of the accused’s living situation, they did not have the chance to charge their ankle monitoring device, noting the accused was “not tampering with the device. It ran out of charge.”
The accused had been previously charged with the same offense in “February of this year and was given 160 days in custody, said According to Deputy District Attorney Michelle Serafin,, adding “the statute states that tampering with a GPS device is a penalty of 180 days in custody.”
DPD Johnson requested that if the accused were to admit to the parole violation, they be sentenced to 133 days in custody instead of the recommended 180 days.
DDA Serafin rejected this request on the grounds that the “court has to find good cause that is within the reason of justice to give him less than 180,” noting, the DA Office doesn’t “see how that’s appropriate at this stage.”
Upon reading the petition, Judge David Reed stated the accused “was directed to participate in programs that would provide him a place to charge his GPS device, which plays against the argument that being homeless he has less availability to find a place to charge it.”
The judge added, “I’m not inclined to find a good cause to sentence him less than 180 days today.”
The accused remains in custody and under $25,000 bail. A second hearing is set for Aug. 5.
