Filed 4/20/17 P. v. McClelland CA4/3







NOT TO BE PUBLISHED IN OFFICIAL REPORTS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(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE


THE PEOPLE,

Plaintiff and Respondent,

v.

TIMOTHY PATRICK McCLELLAND,

Defendant and Appellant.


G054118

(Super. Ct. No. P-01514)

O P I N I O N

Appeal from a judgment of the Superior Court of Orange County, Glenda Sanders, Judge. Affirmed.
Law Office of John Derrick and John Derrick, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Respondent.
* * *

We appointed counsel to represent defendant Timothy Patrick McClelland on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on defendant’s behalf. Defendant was given 30 days to file written argument in defendant’s own behalf. That period has passed. We have received no communication from him.
Defendant was convicted of violating Health and Safety Code section 11377, subdivision (a), on July 19, 2011, and sentenced to three years in prison. On November 22, 2012, he was released on supervision, which supervision was scheduled to expire on December 6, 2016. On August 17, 2016, the California Department of Corrections and Rehabilitation (CDCR) filed a petition for revocation of defendant’s parole. CDCR alleged defendant committed three violations. A hearing on the alleged parole violation commenced on September 30, 2016.
The first allegation was that defendant violated a condition of his parole which states: “You shall not use electronic bulletin board system, internet relay chat channel, instant messaging, newsgroup, user group, peer to peer; e.g., Napster, Gnutell Freenet, etc. This would include any site-base; e.g., Hotmail, Gmail, or Yahoo e-mail, etc., which allows the user to have the ability to surf the internet undetected.” (Original capitalization omitted.) At the parole revocation hearing, defendant’s parole officer testified he went over that term and condition of defendant’s parole with defendant upon becoming his parole agent. The parole officer further stated that on August 11, 2016, he opened defendant’s telephone to find defendant had both a Facebook and G-Mail account on his telephone under a false name, in violation of his parole conditions.
The second allegation was that defendant violated a condition of his parole which states: “You shall charge the GPS device at least two times per day every 12 hours for at least 1 full hour for each charging time.” (Original capitalization omitted.) Defendant’s parole officer testified he had previously gone over this condition with defendant as well. The parole officer said defendant’s ankle monitor GPS device went into critical battery alert on August 10, 2016, at 5:33 a.m., and several hours later alerted to a dead battery.
The third violation alleged was that defendant violated a condition of his parole which states: “You shall actively participate in an approved treatment program specific for sex offenders.” (Original capitalization omitted.) Defendant’s parole officer testified defendant was supposed to take part in a psychological services program on August 9, 2016, at 4:30 p.m. Defendant missed that appointment.
The trial court found defendant violated his parole as alleged in all three counts. Defendant’s parole was revoked and reinstated under the same terms and conditions. The court sentenced defendant to 180 days in jail pursuant to Penal Code section 3010.10, with credit for time served of 132 days. Substantial evidence supports the court’s findings and judgment. (People v. Johnson (2003) 114 Cal.App.4th 284, 290.)
We have examined the record and found no arguable issue. (People v. Wende (1979) 25 Cal.3d 436.) The judgment of the trial court is affirmed.



MOORE, J.

WE CONCUR:



BEDSWORTH, ACTING P. J.



ARONSON, J.