People v. Freeman
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In 2017, Freeman sustained convictions for assault with a deadly weapon and for buying or receiving a stolen vehicle. In June 2018, Freeman was released on Post Release Community Supervision (PRCS). Freeman’s PRCS was revoked and reinstated several times for possession of weapons and methamphetamine; a hit and run car accident; and possession of a replica handgun, a fixed blade knife, and a methamphetamine pipe. In February 2020, the Probation Department sought revocation on the ground that Freeman violated a PRCS condition requiring him to submit to electronic monitoring because he had stopped charging his monitor. The Department emphasized Freeman’s pattern of noncompliance despite multiple incarcerations.
Defense counsel argued that the batteries malfunctioned and that any violation of the PRCS condition was not willful. Freeman’s probation officer confirmed that after Freeman was released from custody after the petition there had been ongoing issues regarding his failure to keep his monitor charged. The court imposed a 180-day jail term, ordering that after Freeman completed the jail term, he was to be released on PRCS. The court of appeal affirmed. Freeman’s appellate counsel filed a brief that raised no issue for appeal; the court concluded that Freeman is not entitled to an independent Wende review of the record. The issues Freeman raised in a pro se supplemental brief lack merit.
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