WOODLAND, CA – Judge Daniel M. Wolk denied the early release of the accused last Friday morning in a motion hearing at Yolo County Superior Court, which could risk the accused losing employment and housing.
Deputy Public Defender Monica Brushia filed a motion for supervised own recognizance (SOR) release with a surrender date for the remaining jail time. The motion would release the accused 20 days early, allowing him to enroll in a treatment program and stay employed.
But, despite these circumstances, the accused was sent back to jail to serve time.
The accused was sentenced to 150 days of jail in December 2024 for a violation of community supervision. The probation recommendation for sentencing was originally 180 days, though the accused was given a shorter sentence of 150 days and ordered to enroll in a treatment program.
At the time of the hearing, the accused had served 113 days. The accused was close to losing employment and his home, which housed his girlfriend and two children. DPD Brushia said early release would allow the accused to “get out and care for his family.”
While in custody, the accused also tried to enroll in an alternative program as part of his sentencing terms but was categorically denied. According to DPD Brushia, the accused would have a higher chance of being accepted if he were out of custody.
DPD Brushia acknowledged that even with the early release, there was a possibility that the accused would have to finish his sentence, as outlined in the motion for SOR release. DPD Brushia emphasized the purpose of the release was for the accused to make contact with his employer and landlord, so he could retain his job and his home.
The accused said he had found a stable job prior to his sentence, and had performed several weeks of work, with his legal counsel noting, “It is so hard, as a felon, to find and keep a job. This gives him at least a chance.”
In response, Deputy District Attorney David Robbins stated the accused should serve his remaining days in custody. According to DDA Robbins, this community supervision violation was the accused’s fourth violation in one year.
DDA Robbins added an early release would violate the agreement made in December 2024, and the sentence of 150 days was already a reduction of the original recommendation. DDA Robbins also suggested the defense withdraw admission.
To this suggestion, DPD Brushia stated, “We’re not withdrawing admission. We just want early release so he can make contact with his employer.”
After listening to both sides and the accused’s statement, Judge Wolk said he was sympathetic to the accused’s situation, but felt the sentencing of 150 days was appropriate.
Judge Wolk denied the release request, officially closing the accused’s case.
