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Name: People v. Gruis (2023) 94 Cal.App.5th 19
Case #: A165298
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/01/2023

Probation condition prohibiting defendant from possessing pornographic materials is unconstitutionally vague. Defendant pleaded no contest to one count of possession of child pornography. (Pen. Code, § 311.11(a)). On appeal, defendant challenged a probation condition prohibiting him from possessing pornographic materials, arguing the term “pornographic” is unconstitutionally vague. Held: Remanded with directions for the trial court to strike or modify the condition. There is a general consensus that the terms “pornographic” and “pornography,” standing by themselves, are subjective and vague. In United States v. Simmons (2d Cir. 2003) 343 F.3d 72, the court upheld a probation condition similar to the one…

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Name: People v. Nakano (2023) 89 Cal.App.5th 623
Case #: H049057
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/20/2023

Trial court abused its discretion when it terminated sex offender’s probation early without applying the standard required by Penal Code section 1203.3(a). Nakano, a Japanese national, pleaded no contest to possession of child pornography. The trial court placed him on formal probation for three years, as well as ordering the completion of a sex offender counseling program and registration as a sex offender. However, the court stated its intention to terminate probation early, absent the completion of a sex offender management program, because it was “interested in [] Nakano being out of the United States [, since] [he] doesn’t have…

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Name: People v. Gonsalves
Case #: A159031
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/30/2021

Probation condition prohibiting defendant from associating with persons with a known "criminal record" is unconstitutionally vague and overbroad. A jury found defendant guilty of misdemeanor grand theft (Pen. Code, § 484e, subd. (d)) and felony fraudulent possession of personal information (Pen. Code, § 530.5, subd. (c)(3)). The trial court placed defendant on probation for three years and, as relevant here, imposed a probation condition forbidding him from associating with any persons known to him to have a "criminal record." Defendant appealed. Held: Probation condition reversed. The right of association is constitutional but "may be restricted…

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