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Name: People v. Arevalo
Case #: G054483
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/17/2018

Probation condition requiring defendant convicted of possessing methamphetamine for sale to maintain a residence approved by the probation officer was constitutionally valid. The defendant was convicted of possession of methamphetamine for sale and granted probation. One of the conditions of probation required her to maintain a residence approved by her probation officer. On appeal, she argued the condition was unconstitutionally overbroad and violated her rights to travel and freedom of association. Held: Affirmed. Trial courts are given broad discretion in fashioning terms of probation in order to foster the reformation and rehabilitation of the…

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Name: People v. Valdivia
Case #: C082622
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/08/2017

For defendant convicted of domestic abuse offense, electronic search probation condition is unconstitutionally overbroad. Defendant assaulted his wife and pleaded no contest to corporal injury on a spouse in exchange for probation. Over defendant's objection, the trial court imposed a condition of probation requiring him to submit his electronic storage devices, including cell phones and computers, to warrantless search and seizure. The court also issued a criminal protective order prohibiting defendant from harassing or assaulting his wife, but otherwise permitting him to contact her. On appeal, defendant challenged the electronic search condition on overbreadth and other…

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Name: People v. Lozano
Case #: B278663
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 11/09/2017

Senate Bill No. 394, which amends Penal Code section 3051 to make juvenile offenders sentenced to LWOP eligible for a parole suitability hearing, renders juvenile offender's challenge to LWOP sentence moot. Lozano was sentenced to LWOP in 1996 following her conviction of first degree murder with a robbery-murder special circumstance. She was 16 years old at the time she committed the offense. After the Supreme Court's decision in Miller v. Alabama (2012) 567 U.S. 460, she was afforded a new sentencing hearing, but was again sentenced to LWOP. Lozano appealed, arguing her LWOP sentence violates the Eighth Amendment. Held: Dismissed…

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Name: People v. Sandoval
Case #: D071560
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/30/2017

Criminal protective order preventing defendant convicted of domestic violence offense from initiating any contact with the victim for three years was appropriate under Penal Code section 1203.097 and reasonable. Sandoval was convicted of inflicting corporal injury on a spouse resulting in a traumatic condition (Pen. Code, § 273.5, subd. (f)(1)) and was placed on probation. He had choked his wife to the point of unconsciousness and this was his second domestic violence offense in a two-year period. At sentencing, over the objections of Sandoval and his wife, the court reissued a criminal protective order (CPO) preventing Sandoval from initiating…

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Name: Gholipour v. Superior Court (San Diego County)
Case #: D072235
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/24/2017

When a Court of Appeal vacates a restitution award in a case that has been transferred to another county under Penal Code section 1203.9, the transferring court retains jurisdiction to impose a new restitution order consistent with the appellate court's instructions on remand. Following Gholipour's convictions for fraud and perjury, the San Diego County Superior Court imposed a split sentence and entered a restitution award. While her appeal in the case was pending, Gholipour completed the custody portion of her sentence and was released on mandatory supervision. She began living in Orange County, and the San Diego court granted her…

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Name: People v. Mathews
Case #: A146652
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 10/25/2017

Trial court properly denied motion to suppress on estoppel grounds, where defendant gave police a false name and a record check failed to reveal he was on searchable probation. After robbing a man in the street, Mathews accidentally shot himself in the groin and shin while running away. He was dropped off at the hospital, where he provided a false name. Police arrived at the hospital and ran a record check on the false name. When Mathews later provided his real name, a record check revealed he was on probation with a search condition. At…

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Name: People v. Buell
Case #: A144046
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/25/2017

Trial court's order revoking mandatory supervision based on alcohol consumption alert from alcohol monitoring ankle bracelet was supported by substantial evidence. Buell pleaded guilty to driving under the influence of alcohol. His sentence included mandatory supervision with a condition prohibiting him from drinking alcohol. He was required to wear an ankle monitoring bracelet operated by a private company (AMS). After AMS reported Buell had consumed alcohol, the People petitioned to have his supervision revoked. At the revocation hearing, the probation department's lead case manager testified the bracelet operates by measuring changes in baseline alcohol level.…

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Name: People v. Hahn
Case #: B279344
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/19/2017

Termination of probation does not affect a court's power to enforce a prior lawful sentencing order when the jail sentence was not imposed as a term of probation. Several years after pleading guilty to drug possession, the trial court terminated Hahn's probation as unsuccessful and ordered him to serve 120 days in jail. Notwithstanding his history of failing to appear in court, the court stayed the execution of the sentence to permit Hahn to apply for work furlough and gave him a date to report to jail. Hahn failed to comply with the court's order and did not turn himself…

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Name: People v. Sandee
Case #: D070732
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/13/2017

Warrantless search of probationer's cell phone permissible based on her consent to be subject to warrantless searches of her "property" and "personal effects." In 2015, police conducted a probation search of Sandee's cell phone and found incriminating text messages indicating Sandee was involved in selling narcotics. Sandee moved to suppress the text messages. The trial court denied the motion, finding her cell phone fell within the scope of her probation search conditions. Sandee pleaded guilty to drug offenses and appealed. Held: Affirmed. In Riley v. California (2014) 573 U.S.__, the court held in the context of a search incident to…

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Name: In re Barber
Case #: B284060
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/14/2017

After probation expired, sheriff did not have authority to confine former probationer who failed to complete work release program. In 2007, Barber pleaded no contest to second degree commercial burglary, and the court sentenced him to three years' probation. In 2010, the court revoked and reinstated probation and sentenced Barber to 365 days in jail. In August 2010, Barber began a work release program in lieu of his jail sentence. He failed to complete the program, and an "IRC Want" was entered into the county warrant system. He appeared in court on multiple occasions after this, but apparently no one…

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