CR-300

SUPERVISING AGENCY (Name and address):

FOR COURT USE ONLY
SAN LUIS OBISPO COUNTY PROBATION
1730 Bishop Street
San Luis Obispo, CA 93401
FEE—Ea
TELEPHONE No: (805) 781 -5300 FAX N0. (Opt/anal): (805)-781~1231
E-MAILADDRESS {Optional}:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO JUL 2 7 201 6 E

STREET ADDRESS: 1050 Monterey St. Rm. 220

cmmoapcoos. San Luis Obispo, CA 93408 “"9 03' P° SUPERIOR COURT

3:“
BRANCH NAME: San Luis Obispo
IN THE MATTER OF (name of supervised person):

NONELLA, MICHAEL WAYNE D0001 10084 / P063684 Date of birth: 12/20/1970

ODOR NUMBER. IF ANY:
PETITION FOR REVOCATION AX8215
E] PAROLE (Pen. Code, § 3000.08) IZI PRCS (Pen. Code, § 3455)
“Um" ENUMBER‘

H (’T’C‘D7 50
INSTRUCTIONS
°
Before filing this form, petitioner should consult local rules and court staff to schedule the hearing in item 1.
- Petitioner must note whether the petition applies to a parole (beginning of
July 2013) or post release community supervision
matter by marking the appropriate check box above.
1. HEARING INFORMATION: A hearing on this petition for revocation has been scheduled as follows:

Date: 1 r?30\'% Time:

$$O Dept.:
E
Location (if differentthan court address above):

If an interpreter is needed, please specify the language:

2. CUSTODY STATUS: (Select one): [ ] not in custody [x] in custody (specify location): San Luis Obispo County Jail
Booking number (if any): A00691784
3. CONVICTION INFORMATION:
The supervised person was originally convicted of the following offenses:
PC21310 - Felony, on: 09/11/2015, in case number: LFO10681A in the County of Kern and sentenced to: 1 year 4 months
State Prison.
4. SUPERVISION INFORMATION: The supervised person was released on community supervision on (specify date): 2/15/2016
Name of current supervising agent or officer: Corman Roullo
Supervision is scheduled to expire on (specify date): 2/15/2019

5. SPECIFIC TERMS AND CONDITIONS: Petitioner alleges that the supervised person has violated the following terms and
conditions of community supervision: 1) Failure to refrain from using illegal drugs 2) Failure to refrain from consuming
alcohol 3) Failure to report to Probation

6. SUMMARY: The supervising agency established probable cause for the alleged violation on (specify date):7/26/2018
The circumstances of the alleged violation are: Listed on page 2 (MC-025)

7. SPECIAL PAROLE STATUS check this box only if the supervised person is subject to parole under Penal Code section 3000.1):
CI The supervised person is on parole under Penal Code section 3000.1. If the court determines that the person has violated parole. the
court is required to remand the person to the custody of CDCR for future parole consideration. (Pen. Code. § 3000.08(h).)

I declare under penalty of perjury and to the best of my information and belief that the foregoing is true and correct.

SigPIus1

Date: 7/26/2018 Corman Roullo Deputy Probation Officer By 07/26/201 : 3 m

NAME AND TITLE OF PETITIONER SIGNATURE OF PETITIONER

Page 1 011
Form Adopted tor Mandala/y Use
Judicial Council of Calilomla PETITION FOR REVOCATION www.courts.ca.gov
cR-aoo [Rev November1.2012] (Pen. Code, §§ 1203.2, 3000.08. and 3455)
 MC-025
SHORT TITLE: PETITION FOR REVOCATION OF COMMUNITY SUPERVISION CASE NUMBER:

NONELLA, MICHAEL WAYNE D000110084 / P063684 DOB: 12/20/1970

ATTACHMENT (Number):1
(This Attachment may be used with any Judicial Council form.)

SUMMARY
The offender was released from State Prison on 02/15/16 and placed on Post Release Community Supervision
(PRCS). Some of his terms and conditions of PRCS state he must refrain from consuming alcohol, refrain from
illegal drug use, and report to Probation as required by the officer.

Since his release from prison, his overall level of compliance has been poor. He has been offered community
based resources such as sober living, Drug and Alcohol Services (DAS), Mental Health referrals, and lower lever
sanctions imposed by the Probation Department. On several occasions he has refused to participate with DAS
treatment. He has sustained 12 prior violations, including graduated sanctions.

On 07/11/18, I contacted the offender at his residence. Immediately upon initiating contact with him he appeared to
be under the influence as he was having difficulty sitting still and completing his statements. I conducted a urine
sample and it was presumptively positive for methamphetamine. He was adamant that he did not use
methamphetamine; however, several minutes later admitted he may have used it. I gave him directives to report to
Probation on 07/12/18, which he failed to do On 07/12/18, he left a voicemail stating he could not report to
Probation because of his medications.

On 07/25/18, contacted the offender while he was biking in Arroyo Grande. During the contact with him, he was
I

emitting a strong odor of alcohol from his person. I conducted a breath alcohol test with a PAS device which
provided a BAC level of .0129%. He admitted he had a “sip" of alcohol down the road with a friend.

The offender has a lengthy history of violations in this matter. It should also be noted that his attitude towards
supervision is poor as he minimizes the controlling offense and blames Probation for his non-compliance. The
offender appears to be agitated by ongoing supervision. He reports/a history of mental health diagnosis; however,
the extent of his mental health needs is unknown. It is recommended this Court consider ordering a mental health
safety assessment to determine the offender’s risk to himself and the community and recommend a course of
treatment.

To his credit, he states he is ready to move away from Arroyo Grande in order to stay away from negative
influences. He stated that he would consider the option of a sober living or participation in a treatment program.

Therefore, it is recommended he serve 180 days in jail. Upon release he should follow through with any
recommended course of treatment and follow through with mental health appointments. Additionally, Probation will
be referring the offender to Transitions Mental Health Association (TMHA) for a full assessment of services.

PRIOR RECORD:
1. 01/05/90: Traffic violation, jail. SLO M164295
2. 03/27/94: P0148 — obstruct/ resists - M. 12 months probation, 10 days jail.
SLO M212517
3. 05/08/94: PC496(a)- M. 15 days jail, 12 months probation. SLO M214298
4. 10/13/94: HS11364 - possession of paraphernalia- M. 20 days jail. SLO M216515
5. 05/15/95: P0240 - assault defined —M. 24 months probation, 5 days jail. SLO M228680
6. 04/06/96: P0236 - false imprisonment defined 3 years probation, 30 days jail. 12/23/97: PV 90 days
Jail. SLO M243294
7. 04/03/97: P0459 - 1stl2nd degree residential/commercial burglary- F. 60 months probation, 180 days jail.
1/26/98: modification 123 days jail. 6/28/99: PV 4 years prison, c/c F268669. Santa Barbara (SB)
102919
8. 02/22/98: P0487 - grand theft; defined- F. 4 years prison. SLO F268669
9. 09/21/03: P0484/ 666- F. 32 months prison. SB 00. 1118082
10.10/19/03: P03056 - violation parole- finish term. HS11377 - possess controlled substance~ M, PC148(a)(1)
M, 16 days jail. Shasta Co. 030008224002
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 3
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use www.cawtinfacagav
Judicial Council at California
ATTACHMENT
, . .
MC-ozsIRev.JuIy1.2ooeI to JudIcIal CouncII Form
 MC-025
SHORT TITLE: PETITION FOR REVOCATION OF COMMUNITY SUPERVISION CASE NUMBER

NONELLA, MICHAEL WAYNE D000110084 / P063684 DOB: 12/20/1970

ATTACHMENT (Number):2
( This Attachment may be used with any Judicial Council form.)

11. 01/10/07: PC415(2) - disturb the peace loud and unreasonable noise- M. 16 days jail. SLO M397895
12. 11/23/07: HS11375(b)(2)- M, P0466 - possess/etc. burglary tools-M, 2 year probation, 30 days jail, fine.
SLO M410896
13. 04/08/08: VC20002(a)- M. 3 year probation, 20 days jail. 2/4/09: PV, 30 days jail SLO M416175
14. 08/01/09: PC487 - grand theft; defined, PC 667.5(b), 20 months prison. SLO F435759
15. 09/13/10: PC602(L)(1)— M. 2 years probation, fine. 2/22/11: PV 15 days jail. 2/22/12: PV 42 days jail.
9/5/12: PV 28 days jail. SLO M452568
16. 07/16/12: P0647 - disorderly conduct. 30 days jail. SLO M
17. 09/04/14: P0647 - disorderly conduct,- M, P0853] - failure to appear after written promise. 3 years
Probation, 8 days jail. 11/12/14: PV 33 days jail. 428/15: PV 4 days jail. Kern LM104005B
18. 10/05/14: PC148 — obstructs/ resists — M. 6 months jail. Kern LF10372A
19. 10/26/14: HS11377 - possess controlled substance- M, PC488 - petty theft- M. 3 years probation, 6 months
Jail. 7/21/15: PV 2 months jail Kern LF010367A
20. 07/06/15: PC21310 - carrying a dirk or dagger 16 months prison. Kern LF010681
21. 04/02/18: P0647 - disorderly conduct,- M, 25 days jail. SLO 18M-02614

RISK ASSESSMENT INFORMATION:

LSl-R indicates high risk to recidivate

PREVIOUS VIOLATIONS AND SANCTIONS:

04/20/16: SANCTION; Alcohol consumption, graduated sanction of verbal warning and enroll in treatment
05/12/16: SANCTION; Flash incarceration, continued alcohol consumption. 10 days.
06/08/16: VIOLATION; PC 3455; alcohol consumption. 60 days jail. SLO 16PT-00380
9:590)?

07/12/16: SANCTION; Alcohol consumption, flash 10 days

09/27/16: VIOLATION; PC 3455 revocation, possession methamphetamine, use of methamphetamine and
alcohol. 180 days jail. SLO 16PT-00673
03/24/17: VIOLATION; PC 3455 meth and alcohol use, 90 days jail. SLO 17PT-00229
05/09/17: VIOLATION; PC 3455 methamphetamine use, 180 days jail. SLO 17PT-00341
909°.".°‘

08/08/17. VIOLATION; PC 3455 alcohol use, 120 days jail SLO17PT- 00657
02/28/18. SANCTION; Alcohol consumption admonished, referred to County Mental Health.
10. 04/04/18: SANCTION; Failure to obey all laws- PC 647(f)- M, 25 days jail. SLO 18M- 02614
11. 04/26/18: SANCTION; Alcohol consumption. Admonished and given weekly reporting schedule.
12. 07/11/18: SANCTION; Methamphetamine use, admonished and given directives to report to Probation.

RECOMMENDATIONS:
[x] Continue on Supervised Release with all terms and conditions to remain in full force and effect.
[x] Terms and conditions modified as follows: The Court consider ordering a mental health assessment.
[x] Offender to serve 180 days in jail

(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 2 of 3
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use www.courtlnlo.ca.gov
Judicial Council 0! califomla
ATTAC H ME NT
MO—025 lRev. July 1, 2009] to Judicial Council Form
 MC-025
CASE NUMBER
SHORT TITLE; PETITION FOR REVOCATION OF COMMUNITY SUPERVISION

NONELLA, MICHAEL WAYNE D000110084 / P063684 DOB: 12/20/1970

ATTACHMENT (Number):3
(This Attachment may be used with any Judicial Council form.)

SgPIusl

07/ 26! 2018 :52:55 Sm KM; ,

By: Corman Roullo

Deputy Probation Officer
SigPlus1

07/27/2016 1112314 am

David Aguilar
Supervising Deputy Probation Officer

Dated this 26 day of July, 2018

l have read and considered the foregoing

Report of the Probation Officer

Judge of the Superior Court

This day of ,2018

Page 3 of 3
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this
(Add pages as requrred)
Attachment are made under penalty of pe/jury.)
www.coumnlovca gov
Form Approved lur Optional Use ATTAC HME NT
Judlclal Council of Calilomia _ _ _

MC-025lRevvJulv1.20°9l to Judicial Councul Form