People v. Robinson CA2/4 ( 2023 )


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  • Filed 10/26/23 P. v. Robinson CA2/4
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
    California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on
    opinions not certified for publication or ordered published, except as specified by rule 8.1115(a). This
    opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).
    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    SECOND APPELLATE DISTRICT
    DIVISION FOUR
    THE PEOPLE,                                                   B325214
    Plaintiff and Respondent,                              Los Angeles County
    Super. Ct. No. 2PH04820
    v.
    JOSHUA ROBINSON,
    Defendant and Appellant.
    APPEAL from an order of the Superior Court of Los
    Angeles County, Robert M. Mawahara, Judge Pro Tempore.
    Affirmed.
    A. William Bartz, Jr., under appointment by the Court of
    Appeal, for Defendant and Appellant.
    No appearance for Plaintiff and Respondent.
    Defendant and appellant Joshua Devin Robinson was
    convicted of a felony that required him to register as a sex
    offender under Penal Code section 290. In 2022, the Division of
    Adult Parole Operations filed a petition in the trial court to
    revoke Robinson’s parole. The petition alleged Robinson was in
    violation of a parole condition prohibiting him from associating
    “with any known sex offenders, except as previously approved or
    instructed by [his] parole agent.” Robinson denied the allegation.
    The case was set for a contested parole revocation hearing.
    At the hearing, Robinson’s parole agent, Alejandra Rocchi,
    testified to the following. After agreeing to the above-mentioned
    parole condition, Robinson was fitted with a G.P.S. monitoring
    device. In August 2022, using the G.P.S. monitor, Rocchi noticed
    Robinson was at the home address of a parolee named O’Hara, in
    Panorama City.1 Rocchi was also supervising O’Hara at the time,
    and he too was a registered sex offender under Penal Code
    section 290. The G.P.S. data showed Robinson was at O’Hara’s
    house for about 2 hours and 28 minutes, from 10:18 a.m. until
    12:46 p.m. The data also confirmed O’Hara was home during that
    time.
    Before this incident, Robinson and O’Hara had been in a
    sex offender group treatment class together. Robinson asked
    Rocchi for permission to go to O’Hara’s house. Rocchi denied
    Robinson’s request, explaining that it would be a violation of his
    parole.
    The trial court found Robinson violated parole by
    associating with a known sex offender and revoked parole. The
    court ordered Robinson confined for 145 days in county jail,
    1     Rocchi’s testimony made no mention of O’Hara’s first name.
    2
    awarded custody credit, and stated parole would be restored upon
    completion of the remaining confinement.
    Robinson timely appealed, and we appointed counsel to
    represent him. On May 3, 2023, appellate counsel filed a brief
    raising no issues and asking us to review the record
    independently under People v. Wende (1979) 
    25 Cal.3d 436
    .
    Robinson did not respond to our letter advising him of his right to
    file supplemental briefing.
    We have examined the entire record, and are satisfied no
    arguable issues exist. (Smith v. Robbins (2000) 
    528 U.S. 259
    , 278-
    279 [
    120 S.Ct. 746
    , 
    145 L.Ed.2d 756
    ]; People v. Wende, supra, 25
    Cal.3d at p. 443.)
    DISPOSITION
    The order is affirmed.
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
    CURREY, P. J.
    We concur:
    MORI, J.
    ZUKIN, J.
    3
    

Document Info

Docket Number: B325214

Filed Date: 10/26/2023

Precedential Status: Non-Precedential

Modified Date: 10/26/2023