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People v. Kunes

California Court of Appeals, Second District, Sixth Division

December 3, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
STEVEN MARK KUNES, Defendant and Appellant.

Superior Court County of Santa Barbara No. 1426140 Clifford R. Anderson III, Judge

Page 1439

COUNSEL

Richard C. Gilman, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Margaret E. Maxwell and Peggy Z. Huang, Deputy Attorneys General, for Plaintiff and Respondent.

Page 1440

OPINION

GILBERT, P. J.

The walls of one’s home are no less confining than the walls of a prison when one is on home detention. While on home detention, appellant Steven Mark Kunes cut off his global positioning system (GPS) electronic monitoring device, mailed it to the sheriff, and flew to Pennsylvania. We conclude, among other things, his escape was by force, a violation of Penal Code, section 4532, subdivision (b)(2).[1]

Kunes appeals a judgment after the trial court issued an order denying his motion to withdraw his plea of no contest to one count of section 4532, subdivision (b)(2).

Kunes contends he did not escape by force, and his trial counsel was ineffective because he advised him to accept a plea agreement and did not inform him that he had a colorable necessity defense. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Kunes's lengthy criminal history consists mainly of property crimes. He has 15 prior felony convictions, including forgery, grand theft, and identity theft. He has suffered four prior prison terms, and he previously absconded from parole.

In July 2012, Kunes was serving a four-year prison sentence in county jail pursuant to section 1170, subdivision (h)(2).[2] The sheriff released Kunes to complete his term in a home detention program pursuant to section 1203.016.[3] The conditions of home detention required Kunes to wear a GPS device around his ankle and to stay within the premises of New House, a sober living facility, at all times except on Wednesdays from ...


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