People v. Schaffer

Andras Schaffer (defendant) was sentenced to three years in state prison for failing to register as a sex offender. After 13 months, Schaffer was released on parole on the condition that he constantly wore a GPS monitoring device and kept it charged. In 2019, after Schaffer had served three years on parole, the Division of Adult Parole Operations (DAPO) (plaintiff) petitioned to have Schaffer’s parole revoked for multiple violations, including repeated failures to keep his GPS monitoring device charged. At the parole-revocation hearing, Schaffer requested a jury trial, arguing that he was entitled to a jury trial for parole violations pursuant to the recent United States Supreme Court ruling in United States v. Haymond. Specifically, Schaffer argued that, under Haymond, he had a Fifth and Sixth Amendment right to have the alleged parole violations proved to a jury beyond a reasonable doubt. The trial court denied Schaffer’s request. The trial court held, by a preponderance of the evidence, that Schaffer had violated his parole by failing to keep his GPS monitoring device consistently charged. The court ordered Schaffer to serve 180 days in local custody. Schaffer’s maximum commitment exposure for his original offense was three years in state prison followed by up to four years of parole. The 180-day sentence imposed by the trial court did not exceed Schaffer’s maximum commitment exposure for the original offense. Schaffer appealed.