Filed 1/ 9/17.

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent,

v.
OSWALDO IVAN GONZALEZ, Defendant and Appellant. G052436
(Super. Ct. No. R00817)

O P I N I O N

Appeal from a post

judgment order of the Superior Court of Orange County, Kimberly Menninger, Judge. Reversed

.

Wayne C. Tobin, under appointment by the Court of Appeal, for Defe ndant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natash a Cortina and Christine Levingston Bergman, Deputy Attorneys General, for Plaintiff and Res pondent.

* * *2 INTRODUCTION
Oswaldo Ivan Gonzalez appeals from a postjudgment order granting a petition under Penal Code section s 1203.2, subdivision (b) , and 3455, subdivision (a), to revoke his postrelease community supervision (PRCS). The trial court found that Gonzalez, who is homeless, violated the terms and conditions of PRCS by failing to report his change of residence after he was released from a facility in which he had been held pursuant to Welfare and Instit utions Code section 5150 , subdivision (a) (section 5150(a)) . The court ordered Gonzalez to serve 180 days in jail , with credit for time served, and reinstated P R CS.

We conclude the trial court erred by finding Gonzalez violated the
condition of PRCS that he report a change of residence. The Postrelease Community Supervision Ac t of 2011, Penal Code section 3450 et seq. (the PRCS Act) , does not include a definition of the word “residence.” With no definition of residence in the PRCS Act, w e turn to the de finition of residence given in Penal Code section 290.011, subdivision (g), which is part of the Sex Offender Registration Act, Penal Code
section 290 et seq. Under the broad definition of residence in section 290.011 , subdivision (g), Gonzalez was homele ss and had no residence before he was place d on a hold under section 5150(a) . When he was released from the hold , he returned to the street. Thus, he had neither a residence nor a change of residence to report

. For that

reason, w e reverse.

The lack of a definition of residence is a glaring omission in the PRCS Act
that leaves open issues about the reporting obligations of those persons subject to PRCS who, like Gonzalez, are homeless. The Sex Offender Registration Act, in contrast, not only defines “ r esidence ” but defines “transient” (Pen. Code, § 290.011, subd. (g)) and sets forth a means by which transients can comply with registration requirements ( id. , § 290.011, subd. (a)). We respectfully urge the Legislature to amend the PRCS A ct to3

define “ res idence ” and to address the issue of the obligations of homeless persons subject
to PRCS to report residence and changes in residence

.

Our conclusion might be different if the trial court found, or the Attorney General argue d , that Gonzalez violate d PRCS by not reporting , as directed , to his probation officer. We emphasize that a person subject to PRCS , whether or not that person is homeless, ha s an obligation under Penal Code section 345 3 , subdivision (e) to report “ as directed ” by the s upervising county agency. Here, t he peti tion to revoke PRCS alleged Gonzalez failed to report , as directed by his probation officer , after his release from the section 5150(a) hold. The trial court did not , however, make a finding on t hat allegation. On appeal, t he Attor ney General does not argue that Gonzalez violated the
condition of PRCS that he report as directed, and, therefore, we do not address whether
he failed to do so

.

FACTS AND PROCEDURAL HISTORY
I.
The Petition to Revoke PRCS In January 2012, Gonzalez was con victed of violating Penal Code
section 273.5 , subdivision (a) (corporal injury to spouse or cohabi tant ) and was sentenced to two years in prison. He was released from p rison into PRCS in July 2012. His scheduled discharge date from PRCS was December 29, 2015.

The terms and conditions of Gonzalez‟s P RC S included the following:

“ RELEASE, REPORTING, RESIDENCE: Unless other arrangements are approved in writing, you will report to your Probation Office r within two working days following any release from custody. You will inform your Probation Officer of your residence, employment, education, or training. Any change or anticipated changes in residence, employment, education , or training shall be report ed to your Probation Officer in4

advance. You shall inform the Probation Officer of new employment within 3 business days of that entry. ”

In July 2015, the Orange County Probation Department (the Probation Department) filed a petition to revoke Gonzalez ‟ s P RCS (the Petition). An attachment to the Petition alleged: “ According to records of the .

. . Probation Department, the offender was released from state prison on 7/1/12. He was last released from the Orange County Jail on 4/5/15 after serving 160 day s in custody for his seventh violation. The offender reported to [the] Probation [Department] upon his release; however, on 5/9/15, he was released from a mental health assessment. He failed to contact [the] Probation [Department], thereafter as directed . On 6/1/15 the Court issued a bench warrant

. . . due
to the offender ‟ s whereabout s being unknown. On 7/9/15, he was arrested by the Stanton Police Department

. . . and held on said warrant. ”
I I. The Evidentiary Hearing on the Petition
A n evidentiary hearing was conducted on the Petition. Gonzalez ‟ s probation officer, Debby Rodriguez , testified. Rodriguez supervised Gonzalez on PRCS. She testified that on April 30, 2015 , she met with Gonzalez and reviewed the PRCS
conditions with him . She read aloud each of the terms and conditions to him. One of those conditions was, “ report as directed. ” Rodrig uez also reviewed with Gonzalez a separate document called notice and conditions. He initialed each of the conditions and signed the docu ment in her presence. Rodriguez personally reviewed the terms and conditions of PRCS with Gonzalez because from July 2013 until April 30, 2015 , he had
absconded from supervision on several occasions.

Gonzalez appeared delusional, confused, and very lost when he met with Rodriguez on April 30, 2015

. After meeting with Rodriguez, Gonzalez was taken directly from her office to a facility for a mental health assessment and placed on a5

section 5150(a) hold

. 1 Rodriguez directed Gonzalez to report to her imme diately upon his release from the section 5150(a) hold.

Rodriguez testified that Gonzalez was released from the section 5150 (a) hold on May 9, 2015. He did not report to Rodriguez upon his release. Rodriguez learned on May 12, 2015 , from the mental healt h assessment provider that Gonzalez had been released on May 9. Rodriguez did not learn of Gonzalez ‟ s whereabouts until he was arrested in July 20 1 5.

Rodriguez had been Gonzalez ‟ s probation officer since July 2013. As of trial, she had met with Gonzalez in person five times. She had reviewed the notes of his prior probation officer s and saw nothing to indicate mental health concerns. Rodriguez
had made notes that in one contact with Gonzalez , he had appeared “ delusional and
confused ” and “ very lost. ” She also had reviewed a report in which the preparer had
noted that Gonzalez suffers from “ mild retardation. ” Another probation officer had made

a note that Gonzalez seemed “ troubled. ”

Rodriguez testified that a section 5150 (a) hold is not the same as being in custody. A term and condition of PRCS, however, was that Gonzalez “ report as directed

. ” Rodriguez explained th at the PRCS terms and conditions required Gonzalez to inform the Probation Department of his residence. At one point, he was placed on a global positioning system ( GPS ) monitor

. He had stopped charging the GPS battery, but

1 Section 5150(a) states, in relevant part: “ When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by r egulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. ”6

on the day he was placed on the section 5150 (a) hold, Rodriguez was able to find him, in
Stanton , at his last known location according to the GPS . When Rodriguez lea rned that
Gonzalez had been released from the section 5150(a) hold, but had not report ed to her,
she went to the spot in Stanton where she had previously found him . He was not th ere. Gonzalez did not report his residence to Rodriguez, and she did not kno w his
whereabouts. Rodriguez testified that a probationer is usually given 72 hours to notify the Probation Department of a change in residence.

Rodriguez testified that Gonzalez was transient and had no residence. She had asked Gonzalez specifically to contact her about his whereabouts and told him to report to her when he was released from the section 5150 (a) hold.
II I. The Trial Court’s Ruling The trial court granted the P etition and found Gonzalez in violation of
PRCS. The court stated: “ [T]here is a preponderance of evidence to support one piece of this allegation. And I would agree with the petitioner in this respect: This is about as difficult a case as you ‟ re probably going to see from a petitioner ‟ s side absent a flat [

- ] out finding it didn ‟ t o ccur. [¶] So the court does find there ‟ s preponderance of the evidence to believe the petition is true in one aspect, and that is that he did not provide any information to probation within any reasonable amount of time; not three days prior to,
not in a dvance of, not three days after. He never did as to his change of residence. And that is something that was reasonable and that he should, and appeared to have been able to comply with. ”

The trial court expressed concern over Gonzalez ‟ s mental health bu t found there was insufficient evidence to prove that Gonzalez was unable to comply with the
terms and conditions of PRCS. The court stated: “ [U]nfortunately, although we all know
he was 5150 ‟ d, that ‟ s all we know. 5150 under the law is anyone who is a danger to
themselves or others. It doesn ‟ t really mean they don ‟ t understand the difference7

between reality and delusion. Those are two different issues. [¶] So whether he suffered at all from truly what is a medical delusion, or just was a danger to h imself or others, which is the standard, is unclear to the court. [¶] So at this point there would have to be additional information from the defense or someone who can provide it to show that that was a defense. [¶] If there was evidence suggesting he was unable to know the difference it would be a complete defense, because I would agree with you. It would show he could not comply. [¶] But that was not shown. He was 5150, meaning he was a danger to himself and others. ”

The trial court revoked PRCS and ordered it reinstate d with a period of 180 days ‟ incarceration in jail and 68 days of credit. Gonzalez timely appealed.

DISCUSSION
I. Statutory Framework
The P RCS Act was enacted to “ improve public safety outcomes ” and
facilitate certain offenders ‟ “ successful reintegration back into society. ” (Pen. Code, § 3450, subd. (b)(5) ; see People v. Espinoza (2014) 226 Cal.App.4th 635, 641 .)
Low

- level offenders released from prison are subject to community supervision provided by the probation department o f the county to which the person is being released (Pen. Code, § 3451, subd. (a)) , according to a postrelease st rategy developed by each county ‟ s board of supervisors ( id. , § 3451, subd. (c)(1))

. Unless his or her supervision is tolled for
reasons not rel evant here, “ [a] person shall not remain under supervision

. . . on or after three ye ars from the date of the person ‟ s initial entry onto [PRCS]

. ” ( Id. , § 3455,
subd. (e) ; see id. , § 3456, subd. (a)(1) .)

Penal Code section 3453 impose s many mandatory conditions of PRCS

. Such conditions include that “ [t]he person shall report to the supervising county agency as directed by that agency ” (Pen. Code, § 3453, subd. (e)) and “ [t]he person shall inform8

the supervising county agency of any pending or anticipated changes in residence, employment, education, or training ” ( id. , § 3453, subd. (i)(1))

. The local supervising county agency “ shall establish a review process for assessing and refining a person ‟ s program of postrelease supervision ” ( id. , § 3 454, subd, (a)) , and “ may determine additional appropriate conditions of supervision listed in Section 3453 consistent with public safety ” ( i d. , § 3454, subd. (b) )

.

“ At any time during the period of [PRCS] , if a peace officer has probable cause to believe a person subject to [PRCS] is violating any term or condition of his or her release, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising count y agency

. . . . ” (Pen. Code, § 3455,
sub d. (b)(1).) If the supervising county agency determines that intermediate sanctions are not appropriate, the agency shall petition the court pursuant to Penal Code section 1203.2 to revoke, modify, or terminate PR CS. ( Id. , § 3455, subd. (a).) Subdivision (b) of
section 1203.2 authorizes the court or parties to bring a motion for modification, revocation, and termination of supervision, “pursuant to this subdivision.” ( Id. , § 1203.2, subd. (b)(1). ) 2 The petition must include a written report from the supervising county

2 Subdivision (b)(1) of Penal Code section 1203.2 continues: “ The court in the county in which the person is supervised has jurisdiction to hear the motion or petition, or for those on parole, either the court in the county of supervision or the court in the county in which the alleged violation of supervision occurred. A person supervised on parole or [PRCS] pursuant to Section 3455 may not petition the court pursuant to this section for early release from supervision, and a petition under this section s hall not be filed solely for the purpose of modifying parole. T his section does not prohibit the court in the county in which the person is supervised or in which the alleged violation of supervision occurred from modifying a person ‟ s parole when acting o n the court ‟ s own motion or a petition to revoke parole. The court shall give notice of its motion, and the probation or parole officer or the district attorney shall give notice of his or her petition to the supervised person, his or her attorney of reco rd, and the district attorney or the probation or parole officer, as the case may be. The supervised person shall give notice of his or her petition to the probation or parole officer and notice of any motion or petition shall be given to the district att orney in all cases. The court shall refer its motion or the petition to the probation or parole officer. After the receipt of a written report from the probation or9

agency that explains “the relevant terms and conditions of [PRCS], the circumstances of the alleged underlying violation, the history and background of the violator, and any recommendations.” ( Id

. , § 3455, subd. (a) ; see Cal. Rules of Court, rule 4.541(c).)

“ Upon a finding that the person has violated the conditions of [PRCS] , the revocation hearing officer shall have authority to do all of the following: [¶] (1) R eturn the person to [PRCS] wit h modifications of conditions, if appropriate, including a period of incarceration in a county jail

. [¶] (2) R evoke and terminate [PRCS] and order the person to confinement in a county jail. [¶] (3) Refer the person to a reentry court pursuant to [Pena l Code s ] ection 3015 or other evidence

- based program in the court ‟ s discretion. ” (Pen. Code, § 3455, subd. (a)(1)

- ( 3).) The period of incarceration under
Penal Code section 3455, subdivision (a)(1) shall not exceed 180 days in a county jail. ( Id. , § 3455, subd. (d).)

An order revoking and reinstating PRCS is appealable under Penal Code
section 1237, subdivision (b) because , we conclude, such an order affects the substantial rights of the party. (See People v. Osorio (2015) 235 Cal.App.4th 1408, 141 2 [ “ A parole revocation order is a postjudgment order affecting the substantial rights of the party , and is therefore appealable. ” ].)

II. The Appeal Is Not Moot

. The Attorney General argues this appeal is moot because Gonzalez completed his 180

- day jail t erm and was discharged from PRCS in December 2015. “ [A]
case becomes moot when a court ruling can have no practical effect or cannot provide the parties with effective relief. ” ( Lincoln Place Tenants Assn. v. City of Los Angeles (2007)

parole officer, the court shall read and consider the report and either its motion or the petition and may modify, revoke, or terminate the supervision of the supervised person upon the grounds set forth in subdivision (a) if the interests of justice so require. ”10

155 Cal.App.4th 42 5, 454.) “„ [A]n action that originally was based on a ju sticiable controversy cannot be maintained on appeal if all the questions have become moot by subsequent acts or events. A reversal in such a case would be without practical effect, and the appeal will therefore be dismissed. ‟” ( People v. Herrera (2006) 136 Cal.App.4th 1191, 1198.) The Attorney General argues we no longer can provide Gonzalez any
effective relief.

We decline to dismiss the appeal as moot because the challenged order may yet have “ „ disadvantageous collateral consequences. ‟” ( People v. Ellison (2003) 111 Cal.App.4th 1360, 1368

- 1369.) In the event Gonzalez is convicted of a new offense, performance on PRCS likely could be considered for purposes of deciding whether to grant probatio n (see Cal. Rules of Court, rule 4.414(b)(2) [prior performance on

“ probation or parole ” is a factor in deciding to grant or deny probation]) or as a circumstance in aggravation in sentencing (see id. , rule 4.421(b)(5) [ unsatisfactory prior performance on probation or parole is a circumstance in aggravation] ; People v. Osorio , supra , 235 Cal.App.4th at p. 1412 [ “ S hould defendant suffer a further criminal conviction, the parole revocation may be used as part of his sentencing determination. ” ] )

.

California Rules of Court, r ules 4.414(b)(2) and 4.421(b)(5) refer only to performance on probation or parole and do not mention PRCS. But PRCS, though not identical, is similar to parole, the main difference being that PRCS is conducted by a county agency rather than by the California Department of Corrections and Rehabilitation. ( People v. Lewis (2016) 4 Cal.App.5th 1085, 1089, fn. 2; People v. Gutierrez (2016) 245 Cal.App.4th 393, 399.) It is therefore likely that performance on PRCS would be considered by a c ourt in considering the relevant factors under
rule 4.414(b)(2) or rule 4.421(b)(5).

If the appeal were moot, we would decline to dismiss it for the additional reason that issues arising out of PRCS or concerning interpretation of the P RCS Act can elude r eview. “We have discretion to decide a case that, although moot, poses an issue of11

broad public interest that is likely to recur. ” ( People v. Osorio , supra , 235 Cal.App.4th at
p. 1411.) The maximum length of incarceration for a PRCS violation is brief ( 180 days) (Pen. Code, § 3455, subd. (d)), and a person cannot be under PRCS for more than three years ( id. , § 3455, subd. (e))

. Thus, an appeal from an order revoking PRCS may become subject to a mootness claim before a decision can be rendered.

III.
The Trial Court Erred b y Finding Gonzalez Violated the Condition T hat He Report Any Change in Residence.
A. Standard of Review

An order revoking probation is reviewed under the abuse of discretion standard. ( People v. Rodriguez (1990) 51 Cal.3d 437, 447; People v. Urke (2011) 197 Cal.App.4th 766, 773.) The trial court‟s factual findings are reviewed for substantial evidence. ( People v. Urke , supra , at p. 773.) The same standards should apply to an order revoking PRCS.

B. Gon zalez Had No Change in Residence to Report

.

“Penal Code section 1203.2, subdivision (a) authorizes a trial court to revoke probation „if the interests of justice so require and the court, in its judgment, has reason to believe from the report of the probat ion officer or otherwise that the person has violated any of the conditions of his or her probation

. . . . ‟” ( People v. Jackson (2005) 134 Cal.App.4th 929, 935.) A parole or probation violation must be willful to justify revocation of parole or probatio n . ( People v. Rodriguez (2013) 222 Cal.App.4th 578, 594 [probation revocation]; People v. Cervantes (2009) 175 Cal.App.4th 291, 295 [ same ]; People v. Galvan (2007) 155 Cal.App.4th 978, 982 [ same ].)

The P etition a lleged that Gonzalez violated the conditi on that he report to his probation officer within two working days following “ any release from custody ” and12

that he inform his probation officer of “ your residence ” or of “ [a]ny change or anticipated changes in residence. ” The trial court found that Gonzalez violated P RC S by not reporting his “ change of residence ” after being release d from the section 5150 (a) hold.

The P RCS Act does not define “ residence. ” It has been said that “„[r]esidence, as used in the law, is a most elusive and indefinite term .‟” ( Smith v. Smith (1955) 45 Cal. 2d 235, 240.) The Sex Offender Registration Act precisely yet broadly
defines “ residence ” to mean “ o ne or more addresses at which a person regularly resides, regardless of the number of days or nights spent there, such a s a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles. ” (Pen. Code, § 290.011, subd. (g).)

In determining whether Gonzalez was required to report a change in residence, we use the definition of residence found in Penal Code section 290.011, subdivision (g). Under that definition, Gonzalez was not in violation of the terms and
conditions of PRCS by failing to report to the Probation Department upon his release from the section 5150(a) hold. It was undisputed that Gonzalez w as homeless , both before and after the section 5150(a) hold . Rodriguez testified that Gonzalez was
homeless and had no resi dence. No evidence was presented that Gonzalez had “one or more addresses at which [he] regularly resides.” ( Pen. Code, § 290.011, subd. (g).)

Involuntary placement under a se ction 5150 (a) hold does not turn the treatment facility into a residence. The person subject to the hold does not “ regularly
reside [] ” at the treatment facility

. (Pen. Code, § 290.011, subd. (g).) A section 5150(a)
hold lasts 72 hours at most. Nor does p lacement under a s ection 5150(a) hold constitute custody. W hen Gonzalez was released from the facility at the end of the section 5150 (a) hold, he returned to the street. He did not change his residence because he had none

. There was no evidence that Gonzalez had been living “regularly” at “a shelter or structure
that can be loca ted by a street address.” (Pen. Code, § 290.011, subd. (g).) In fact, when13

Rodriguez tried to find Gonzalez at the location she had previously found him, he was not
there. Thus, Gonzalez never had a residence, and c ould not have had a change of
residenc e to report. It was error, therefore, for th e trial court to find that Gonzalez‟s failure to report to the Probation Department after his release from the section 5150(a)
hold was a violation of the terms and conditions of PRCS. 3

Issues over a homeless person‟s obligation under the PRCS Act to report could be resolved by amending the PRCS Act to define “ residence ” and clarify the reporting obligation of those persons who do not have a residence . The Sex Offender Registration Act, unlike the PRCS Act, re cognizes that a person subject to registration might be living as a transient. ( Pen. Code , § 290.011.) The Sex Offender Registration Act defines “transient” to mean “a person who has no residence” ( id. , § 290.011,
subd. (g)) and sets forth a means by whi ch transients can comply with registration requirements ( id. , § 290.011, subd. (a)). The Sex Offender Registration Act requires a transient to register within a certain timeframe after release from incarceration, placement, commitment, or probation, and t hen “[b]eginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. ( Id. , § 290.011, subd. (a). ) 4 We respectfully urge the

3 The Attorney General argues that Gonzalez had “a duty to inform probation of his current location.” The terms and conditions of PRCS required Gonzalez to report to the Probation Department any change or anticipated change of “residence, employment, education, or training.” The terms and conditions did not require him to report h is current location. 4 The full text of subdivision (a) of Penal Code section 290.011 is: “ He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitmen t, or release on probation, pursuant to subdivision (b) of Section 290, except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a tran sient until his or her next required 30

- day update of registration. If a transient convicted in another jurisdiction enters the state, he or she shall register within five working days of coming into California with the chief of police of the city in whic h he or she is present or the sheriff of the county if he or she is14

Legislat ure to amend the PCRS Act to l ikewise define “ residence ” and impose reporting requirements for homeless persons.

A statutory condition of PRCS is that “ [t]he person shall report to the supervising county agency as directed by that agency. ” (Pen. Code, § 3453, subd. (e).) Whether homeless or not, a person subject to PRCS must comply with this condition and violation of it can be a basis for revoking PRCS. In this case, Rodriguez testified that she
had directed Gonzalez to report to her immediately upon his release from th e section
5150 (a) hold. However, t he trial court did not find that Gonzalez had violated PRCS by failing to report as directed by the Probation Department after his release from the
section 5150(a) hold

. The trial court‟s order granting the Petition was based on the finding that Gonzalez failed to report a change in residence. On appeal, although t he Attorney General mentions the condition to report as directed, she does not argue Gonzalez violated the condition of reporting as directed by the Probation Department and
does not argue that would be an alternative ground for upholding the trial court‟s
decision. Instead, the Attorney General argues that Gonzalez did not report a change in
residence.

present in an unincorporated area or city that has no police department. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shal l register in the jurisdiction in which he or she is physically present on the fifth working day following release, pursuant to subdivision (b) of Section 290. Beginning on or before the 30th day following initial registration upon release, a transient sh all reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30

- day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campu s or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to rere gister within any 30

- day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present .”15 DISPOSITION
The postjudgment order granting the P etition is reversed

.

FYBEL, J.

WE CONCUR:

O‟LEARY, P. J.

IKOLA, J.