People v. Williams

261 Cal.Rptr.3d 191

The PEOPLE, Plaintiff and Respondent,

v.Arnell WILLIAMS, Defendant and Appellant.

D074647

Court of Appeal, Fourth District, Division 1, California.

Filed April 9, 2020

Certified for Partial Publication.^*

Law Office of Christine M. Aros and Christine M. Aros for Defendant and Appellant.

Xavier Becerra, Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting, Paige Hazard and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent.

BENKE, Acting P. J. Defendant Arnell Williams appeals from the trial court's order denying his motion (motion) to dismiss the petition for revocation (petition) filed by the California Department of Corrections and Rehabilitation (CDCR). Defendant contends the court erred when it confirmed the prerelease determination of CDCR that he was a "high-risk sex offender" requiring him to be supervised by parole under Penal Code ¹ section 3000.08, subdivision (a)(4), and not be placed in postrelease community supervision (PRCS) under section 3450 et seq.

As we explain, we independently conclude defendant was subject to parole supervision as a result of his 1984 convictions for forcible rape, rape in concert, and robbery, which qualify as serious and/or violent felonies within the meaning of subdivision (a)(1) and (2) of section 3000.08, respectively. As such, we deem it unnecessary to determine whether defendant was also subject to such supervision as a result of his high-risk sex offender classification. Affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

In connection with his pending release from prison in mid-June 2018, defendant maintained he was to be supervised under PRCS because his most recent convictions were for a nonviolent offense. After defendant's release, CDCR filed the petition because he refused to comply with the parole condition requiring him to affix to his person "an electronic, global positioning system (GPS), or other monitoring device" as a result of CDCR's determination he was a high-risk sex offender based on sex offenses he committed in January 1984, as discussed post. In early July 2018, defendant rejected CDCR's offered disposition of 180 days in confinement in a county jail, and requested a parole revocation evidentiary hearing.

In connection with that hearing, defendant filed his motion in early August 2018. Attached to the motion was an 11-page report prepared by defendant's expert; the expert's curriculum vitae; defendant's Static-99 test; and excerpts of Static-99R coding rules, among other documents. In the motion, defendant argued his Static-99R score of 5, which put him in the high-risk sex offender category, was unreliable because he was only 16 years old when he committed the index sex offenses; and thus, according to defendant's expert, the Static-99R was an improper assessment tool to predict his likelihood of sexual recidivism. He further argued that, even if the Static-99R was the proper assessment tool, his score was unreliable because CDCR delayed in administering the test, and failed to account for his current age and for the length of time he had spent in the community without committing additional sex offenses.

Defendant filed a supplemental brief in support of his motion. In this brief, he argued that section 3000.08 was the "controlling authority" in determining whether a person released from state prison should be supervised by parole or PRCS. He further argued that subdivision (a) of this statute, which, when applicable, requires parole supervision, did not apply to him because he was neither a high-risk sex offender nor were his most recent convictions for "drug sales and transportation" serious or violent felonies. As such, defendant argued he was not subject to parole supervision, was not required to wear a GPS device, and was instead subject to PRCS.

In opposing defendant's motion, the People claimed he had been properly designated as a high-risk sex offender and thus, was subject to parole supervision. The People also claimed—as they do on appeal—that whether defendant was subject to parole supervision was "within the sole discretion of CDCR"; that the trial court therefore was "statutorily prohibited from terminating [defendant's] parole"; and that the court's role at the revocation hearing was merely to act as the trier of fact in determining whether defendant violated parole by refusing to wear a GPS device.

At the September 5 evidentiary hearing, the court initially heard testimony from defendant and his parole agent. The court then found by a preponderance of the evidence that defendant had violated parole by refusing to comply with the GPS monitoring condition.

The court next turned to the issue of whether defendant was subject to parole supervision. The court noted it had read defendant's motion and the attachments thereto, the People's opposition, the supplemental brief and materials filed by defendant, and the parties' stipulation of various facts.

Regarding the parties' stipulation, the court read the following into the record: 1) defendant was born on July 7, 1967; 2) defendant committed his "index sexual offenses" on January 22, and January 24, 1984; 3) defendant was 16 years old when he committed the sex offenses; 4) defendant pleaded guilty on August 30, 1984, to one count of forcible rape, one count of rape in concert, and one count of robbery; 5) defendant on March 24, 1996, was 28 years old when he was paroled on these offenses; 6) defendant was sentenced in January 2005 to three years in prison for failing to register as a sex offender, in violation of former section 290, subdivision (g)(2), and was paroled for that offense in January 2006; 7) defendant pleaded guilty in March 2008, and sentenced to 30 days in jail, for the misdemeanor offense of resisting a peace officer; 8) defendant was "arrested for possession for sales and sales of cocaine base" in February 2011, in violation of (former) Health and Safety Code sections 11351.5 and 11352 ; 9) shortly before defendant's release on the "drug sales case," CDCR in February 2018 administered the Static-99R test, which resulted in a score of "5," although defendant scored a "1," or "low risk," on the "California Risk Assessment level"; and 10) defendant on June 16, 2018, was 50 years old when he was released from state prison on the 2011 "drug sales case."

After receiving additional testimony including from defendant's expert and another witness from CDCR, and hearing the argument of counsel, the court confirmed its tentative ruling and found it had "jurisdiction" to hear defendant's motion, relying in part on People v. Toussain (2015) 240 Cal.App.4th 974, 193 Cal.Rptr.3d 48 ( Toussain ), and sections 1203.2, subdivision (b)(1), 3000.08, and 3056, subdivision (a). The court also found that, pursuant to various statutes, CDCR was required to evaluate defendant "under the risk assessment tools for sex offenders"; that with respect to the classification defendant was a high-risk sex offender, the Static-99R was a "tool" and not the "law," and was a "reliable" and "objective" indicator on this issue; and that in the instant case, CDCR followed its own policies, regulations, and the applicable statutory scheme in assessing defendant and in determining he qualified as a high-risk sex offender.

The court also rejected defendant's argument that use of the Static-99R was unwarranted because he committed the index offenses when he was 16 years old. The court noted that this assessment tool was not even in existence when defendant was paroled on the index crimes; and that, in any event, it disagreed with defendant's expert that the tool was inaccurate if used on a person who committed the index crimes when he or she was 16 years old. Finally, the court found that it lacked the authority to "rescore" defendant using the Static-99R, and that, even if it had such authority, it would not do so.

DISCUSSION

A. Overview of Realignment

The Legislature in 2011 enacted and amended " ‘ "a broad array of statutes concerning where a defendant will serve his or her sentence and how a defendant is to be supervised on parole," ’ referred to generally as the realignment legislation. [Citation.]" (See People v. Zamudio (2017) 12 Cal.App.5th 8, 13, 218 Cal.Rptr.3d 543 ( Zamudio ).) "The overall purpose of the realignment legislation was to decrease recidivism and improve public safety, while at the same time reducing corrections and related criminal justice spending. [Citation.]" ( Ibid. )

"As enacted by the realignment legislation, new section 3000.08 and an amended version of section 1203.2 became central elements of the system for parole supervision and revocation. Together with [California Rule of Court,] rule 4.541 [governing the contents of supervising agency reports], these statutes [and this rule] provide the framework for parole eligibility, enforcement of parole supervision conditions and procedures to revoke parole in the event of a violation." ( Zamudio, supra , 12 Cal.App.5th at p. 13, 218 Cal.Rptr.3d 543.)

B. The Court Had the Authority to Rule on Defendant's Motion^**

C. Defendant Was Subject to Parole Supervision because his 1984 Crimes Qualified as Serious and/or Violent Felonies under subdivision (a)(1) and (2), respectively, of Section 3000.08

1. Additional Background Regarding Defendant's 1984 Convictions

The record includes a recitation of defendant's criminal history, including, as relevant here, the offenses he committed in 1984. It provides: On January 22, 1984, "[a]t approximately 11:45 p.m., [victim 1] was alone in her residence when she answered a knock at the door. She opened the door, believing it was her roommate, [victim 2]. Instead, it was co-defendant Brooks who barged into her home holding a black revolver. He pointed the gun at [victim 1] and told her to lie down and cover her face. [Defendant] Mr. Williams and another co-defendant entered the home and asked if anyone else was home. [Victim 1] claimed other people were home,...