Tag Archives: Forfeiture

Case 001161

Error and/or relief

The electronic search condition is overbroad and we remand for the trial court to modify the condition to more closely meet the rehabilitative goal of preventing the defendant from engaging in fraudulent car purchases and sales.

First Holding:

The Legislature has placed in trial judges a broad discretion in the sentencing process, including the determination as to whether probation is appropriate and, if so, the conditions thereof. Under this grant of discretion, a trial court may impose any reasonable conditions, as it may determine are fitting and proper to the end that justice may be done, that amends may be made to society for the breach of the law, for any injury done to any person resulting from that breach, and generally and specifically for the reformation and rehabilitation of the probationer.

Authority:

PEN 1203.1(j)

People v. Lent (1975) 15 Cal.3d 481, 486

Second Holding:

We review conditions of probation for abuse of discretion. Specifically, we review a probation condition for an indication that the condition is arbitrary or capricious or otherwise exceeds the bounds of reason under the circumstances.

We review constitutional challenges to probation conditions de novo.

Authority:

In re Ricardo P. (2019) 7 Cal.5th 1113, 1118

People v. Salvador (2022) 83 Cal.App.5th 57, 62–63

Third Holding:

In Lent, the Supreme Court adopted a three-part test to determine whether a probation condition is reasonable and, therefore, statutorily-valid. A condition of probation will not be held invalid unless it:

(1) has no relationship to the crime of which the offender was convicted;

(2) relates to conduct which is not in itself criminal; and

(3) requires or forbids conduct which is not reasonably related to future criminality.

This test is conjunctive—all three prongs must be satisfied before a reviewing court will invalidate a probation term.

Authority:

People v. Lent (1975) 15 Cal.3d 481, 486

People v. Olguin (2008) 45 Cal.4th 375, 379

Fourth Holding:

A probation condition that imposes limitations on a person’s constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad.

The essential question in an overbreadth challenge is the closeness of the fit between the legitimate purpose of the restriction and the burden it imposes on the defendant’s constitutional rights—bearing in mind, of course, that perfection in such matters is impossible, and that practical necessity will justify some infringement.

Authority:

In re Sheena K. (2007) 40 Cal.4th 875, 890

In re E.O. (2010) 188 Cal.App.4th 1149, 1153

Fifth Holding:

The defendant asserts that the electronic search condition is unconstitutionally vague and overbroad because it is not sufficiently tailored to the rehabilitative purposes of his probation. The Attorney General responds that the defendant forfeited this challenge by failing to raise it in the trial court, and that he has also not adequately briefed the issue in this court. But the Attorney General concedes that the condition is unconstitutionally overbroad. Because of this concession, we exercise our discretion to reach the merits of the defendant’s constitutional challenges.

Authority:

People v. Williams (1998) 17 Cal.4th 148, 161, fn. 6 [An appellate court is generally not prohibited from reaching a question that has not been preserved for review by a party.]

Sixth Holding:

Vagueness considers whether a condition is sufficiently precise to give the probationer fair warning of what conduct is required or prohibited. The rule of fair warning consists of the due process concepts of preventing arbitrary law enforcement and providing adequate notice to potential offenders, protections that are embodied in the due process clauses of the federal and California Constitutions. A probation condition must be sufficiently precise for the probationer to know what is required of him, and for the court to determine whether the condition has been violated, if it is to withstand a challenge on the ground of vagueness.

Authority:

U.S. Const., Amends. V, XIV

Cal. Const., art. I, sec. 7

In re I.V. (2017) 11 Cal.App.5th 249, 260

In re Sheena K. (2007) 40 Cal.4th 875, 890

Seventh Holding:

When the electronic search condition is evaluated with context and common sense, and given the meanings that would appear to a reasonable objective reader–as probation conditions must be interpreted–it is clear what is being asked of the defendant. Put simply, the defendant must permit a warrantless search of all of his electronic devices. A probation condition should not be invalidated as unconstitutionally vague if any reasonable and practical construction can be given to its language. The search condition, while broad, provides fair warning to the defendant as to its scope and avoids the potential for arbitrary enforcement. Thus, the condition is not unconstitutionally vague.

Authority:

People v. Rinehart (2018) 20 Cal.App.5th 1123, 1129

People v. Hall (2017) 2 Cal.5th 494, 501

Eighth Holding:

The condition is unconstitutionally overbroad, and on remand should be tailored to meet the rehabilitative purposes of the defendant’s probation. A probation condition imposing limits on constitutional rights must be closely tailored to its legitimate objective to avoid being invalidated as unconstitutionally overbroad. The essential question in an overbreadth challenge is the closeness of the fit between the legitimate purpose of the restriction and the burden it imposes on the defendant’s constitutional rights—bearing in mind, of course, that perfection in such matters is impossible, and that practical necessity will justify some infringement.

As written, the electronic search condition permits the search of all of the defendant’s electronic devices, applications, and communications with anyone for any purpose, including his medical records, which are wholly unrelated to his criminality. Thus, the condition is overbroad. However, the condition can be remedied by modifying it to be limited to searches of the defendant’s electronic devices that are reasonably likely to reveal if he is involved in the purchase or sale of cars for a business purpose. We remand for that tailoring.

Authority:

In re Sheena K. (2007) 40 Cal.4th 875, 890

People v. Appleton (2016) 245 Cal.App.4th 717, 727, 729 [finding electronic search condition requiring probationer to submit to search of any computers and all other electronic devices belonging to him overly broad and remanding to trial court to impose a valid condition more narrowly tailored to the states’ interests]

In re P.O. (2016) 246 Cal.App.4th 288, 298 [holding probation condition requiring juvenile to provide probation officer with access to electronic passwords unconstitutionally overbroad and remanding for trial court to limit authorization of warrantless searches of cell phone data and electronic accounts to media of communication reasonably likely to reveal whether he is boasting about drug use or otherwise involved with drugs]

Case 001156

Error and/or relief:

The trial court should have granted the defendant’s Pitchess motion and conducted an in camera review of the officers’ personnel records.

First Holding:

A movant under the Pitchess statutes must show, among other things, good cause for the discovery or disclosure sought. A showing of good cause is measured by relatively relaxed standards that serve to insure the production for trial court review of all potentially relevant documents.

This good cause requirement has two components. First, the movant must set forth the materiality of the information sought to the subject matter involved in the pending litigation. The function of this requirement is to exclude requests for officer information that are irrelevant to the pending charges. Accordingly, a defendant seeking Pitchess discovery must establish not only a logical link between the defense proposed and the pending charge, but also articulate how the discovery being sought would support such a defense or how it would impeach the officer’s version of events.

If the movant shows that the request is relevant to the pending charges, and explains how, the materiality requirement will be met. If information is material within the meaning of Brady, it is necessarily material to the subject matter involved in a criminal prosecution.

Authority:

EVID 1043

Pitchess v. Superior Court (1974) 11 Cal.3d 531

People v. Gaines (2009) 46 Cal.4th 172, 179

Association for Los Angeles Deputy Sheriffs v. Superior Court (2019) 8 Cal.5th 28, 41-42

Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1021

Brady v. Maryland (1963) 373 U.S. 83

Second Holding:

Second, the good cause requirement obliges the movant to articulate a reasonable belief that the agency has the type of information sought. This belief may be based on a rational inference. What the defendant must present is a specific factual scenario of officer misconduct that is plausible when read in light of the pertinent documents. The information sought must be described with some specificity to ensure that the defendant’s request is not so broad as to garner all information that has been obtained by the People in their investigation of the crime but is limited to instances of officer misconduct related to the misconduct asserted by the defendant. This specificity requirement excludes requests for officer information that are irrelevant to the pending charges.

Authority:

Association for Los Angeles Deputy Sheriffs v. Superior Court (2019) 8 Cal.5th 28, 42

Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1021, 1025

Third Holding:

If the trial court finds good cause for the motion, the court must examine the requested materials in camera to determine whether they should be disclosed to the defendant and whether certain specified categories of information must be withheld.

Authority:

City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 83

Fourth Holding:

We review a trial court’s denial of a Pitchess motion for an abuse of discretion.

Authority:

People v. Breaux (1991) 1 Cal.4th 281, 311

Fifth Holding:

By parsing the defendant’s claims as alleging a conspiracy among the several correctional officers, rather than focusing on the individual involvement of each officer and whether the defendant presented a plausible factual scenario in which, for example, one of the officers planted the contraband and/or falsified his report, the trial court abused its discretion as its ruling falls outside the bounds of reason.

Authority:

People v. Memro (1995) 11 Cal.4th 786, 850

Sixth Holding:

We find that the defendant’s Pitchess motion presented a specific factual scenario establishing a plausible factual foundation for his allegations.

Authority:

City of San Jose v. Superior Court (1998) 67 Cal.App.4th 1135, 1147

Seventh Holding:

A showing of good cause is measured by relatively relaxed standards that serve to insure the production for trial court review of all potentially relevant documents. Further, the defendant need not point to any corroboration for the defendant’s account, and is also not required to present a credible or believable factual account of, or a motive for, police misconduct.

Rather, all that is required is the presentation of a scenario that might or could have occurred. Such a scenario is plausible because it presents an assertion of specific police misconduct that is both internally consistent and supports the defense proposed to the charges. Depending on the circumstances of the case, a sufficient factual allegation in a Pitchess motion may consist of a denial of the facts asserted in the police report.

Considering the relatively relaxed standards which should be applied by the trial court to assess whether such a factual scenario was plausible, the defendant clearly made such a showing here.

Authority:

People v. Gaines (2009) 46 Cal.4th 172, 179

Uybungco v. Superior Court (2008) 163 Cal.App.4th 1043, 1049

Eighth Holding:

Where the trial court has erroneously rejected a showing of good cause for Pitchess discovery and has not reviewed the requested records in camera, the proper remedy is not outright reversal, but a conditional reversal with directions to review the requested documents in chambers on remand.

Following remand, after reviewing the confidential materials in chambers, the trial court may determine that the requested personnel records contain no relevant information and reinstate the judgment.

It is also possible for the trial court to determine on remand that relevant information exists and should be disclosed. In that event, that the trial court must order disclosure, allow the defendant an opportunity to demonstrate prejudice, and order a new trial if there is a reasonable probability the outcome would have been different had the information been disclosed.

Authority:

People v. Gaines (2009) 46 Cal.4th 172, 180-181

Ninth Holding:

We find that the defendant, by failing to object when they were imposed, has forfeited his argument challenging the fines, fees, and assessments on appeal. In general, a defendant who fails to object to the imposition of fines, fees, and assessments at sentencing forfeits the right to challenge those fines, fees, and assessments on appeal.

This general rule applies when the relevant statute includes an ability to pay component, including when the defendant makes a constitutional argument. Given that the defendant is in the best position to know whether he has the ability to pay, it is incumbent on him to object to the fine and demonstrate why it should not be imposed. Ability to pay is a factual determination that is properly raised and determined first in the trial court.

We recognize however, there is a possibility the defendant demonstrates he is entitled to a new trial based on the outcome of the Pitchess proceedings below. In that event, and assuming he is again convicted following that new trial, he may address any applicable fines and fees that may be imposed at sentencing.

Authority:

People v. Greeley (2021) 70 Cal.App.5th 609, 624

People v. Aguilar (2015) 60 Cal.4th 862

People v. Trujillo (2015) 60 Cal.4th 850, 856-858

People v. Avila (2009) 46 Cal.4th 680, 729

People v. Frandsen (2019) 33 Cal.App.5th 1126, 1154

People v. McCullough (2013) 56 Cal.4th 589, 597

Case 001152

Error and/or relief

The abstract of judgment must be corrected to reflect the oral judgment on the parole revocation restitution fine.

First Holding:

Though the court imposed the minimum restitution fine, it made no mention of the parole revocation restitution fine, yet the abstract of judgment reflected that it was imposed. The parole revocation fine was erroneously included in the abstract of judgment because that fine was not part of the trial court’s oral pronouncement of judgment. The People concede the error. We accept the concession and shall order the parole revocation fine stricken from the abstract of judgment.

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185

People v. El (2021) 65 Cal.App.5th 963, 967

Second Holding:

Since the defendant did not specifically object to imposition of the assessments based on ability to pay, he forfeited the right to challenge those assessments on appeal.

Authority:

People v. Ramirez (2023) 98 Cal.App.5th 175, 224-225

People v. Wilson (2023) 14 Cal.5th 839, 867

Case 001148

Error and/or relief

The court improperly imposed a fine and penalty assessments of $3200 without specifying how that sum was reached. Remanded for the court to determine the fine under section 290.3. The court also failed to award sufficient credit for time served. And the court improperly issued a protective order pertaining to someone who was neither a victim of nor a witness to the crime.

First Holding:

The reporter’s transcript of the sentencing hearing shows that the trial court imposed a restitution fine of $1,000 and the $3,200 penalty assessment. The court did not explain how this penalty assessment had been calculated. A restitution fine is not subject to penalty assessments.

The probation report recommended that, under section 290.3, the defendnat be ordered to pay a fine of $3,200 including penalty assessment. The probation report did not explain how the figure of $3,200 had been reached.

The court’s minutes show a restitution fine of $1,000 and a fine of $3,200 pursuant to Section 290.3. The abstract of judgment states that appellant shall pay a $3200 fine pursuant to PC 290.3.

Under section 290.3(a) the maximum fine was $300 because this was appellant’s first conviction of an offense specified in section 290(c).

Authority:

PEN 1202.4(e)

PEN 290.3(a)

PEN 290(c)

Second Holding:

On a $300 fine imposed under section 290.3, the maximum penalty assessments total $930. The penalty assessments are:

(1) a 100 percent state penalty assessment under 1464(a)(1) equal to $300;

(2) a 70 percent additional penalty under Government Code section 76000(a)(1)) equal to $210;

(3) a 20 percent state surcharge under section 1465.7) equal to $60;

(4) a 50 percent state court construction penalty under Government Code section 70372 equal to $150;

(5) a 20 percent additional penalty for emergency medical services under Government Code section 76000.5 equal to $60;

(6) a 10 percent additional DNA penalty under Government Code section 76104.6(a)(1)) equal to $30; and

(7) a 40 percent additional state-only DNA penalty under Government Code section 76104.7(a) equal to $120.

Authority:

People v. Johnson (2015) 234 Cal.App.4th 1432, 1457-1458 [the penalty assessments on a $300 fine imposed pursuant to section 290.3(a) should have totaled $930]

People v. Hamed (2013) 221 Cal.App.4th 928 [though in Hamed, the GOV 76104.7(a) assessment was at 30 percent, before the section was amended to increase it to 40%]

Third Holding:

The abstract of judgment should detail the amounts of and statutory basis for the base fine and each of the penalty assessments imposed. Although we recognize that a detailed recitation of all the fees, fines and penalties on the record may be tedious, California law does not authorize shortcuts. All fines and fees must be set forth in the abstract of judgment. If the abstract does not specify the amount of each fine, the Department of Corrections and Rehabilitation cannot fulfill its statutory duty to collect and forward deductions from prisoner wages to the appropriate agency.

Accordingly, the matter must be remanded to the trial court for recalculation of the section 290.3(a) fine and penalty assessments.

(Gary note: The court also concluded that the defendant was entitled to be present at the hearing on the recalculation, to allow the defendant to present a challenge on his ability to pay. The court did not cite any specific authority for that directive, but I’m guessing it probably had a case like People v. Kopp (2025) 19 Cal.5th 1 in mind.)

Authority:

People v. Johnson (2015) 234 Cal.App.4th 1432, 1459

People v. High (2004) 119 Cal.App.4th 1192, 1200

Fourth Holding:

A sentencing court must award credits for all days in custody up to and including the day of sentencing. In addition to actual credit, which accumulates from time spent in custody, detainees in local institutions are usually able to earn credit against their eventual sentence for good behavior and work performed. The parties agree that the credits awarded by the court were short by 3 days. On remand, the court should recalculate the presentence custody credits.

Authority:

People v. Crenshaw (2025) 116 Cal.App.5th 1169, 1181

Fifth Holding:

At the time of sentencing, the trial court issued a protective order directing appellant to not contact Person A.

Section 136.2 covers protective orders. Section 136.2(i)(1) provides that, if a defendant has been convicted of [the court describes the crime committed here], the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with a victim of the crime. Person A was not a victim of the [specified crime].

Section 136.2(i)(2) authorizes the issuance of an order restraining the defendant from any contact with a percipient witness to the crime if it can be established by clear and convincing evidence that the witness has been harassed by the defendant. Person A was not a percipient witness to the crime.

Thus, we direct the trial court to strike the protective order as to Person A.

Authority:

PEN 136.2

Sixth Holding:

The defendant did not object to the no-contact order. As a general rule, an appellant waives issues on appeal that he or she did not initially raise in the trial court. But there are exceptions to this rule for unauthorized sentences and sentencing decisions that are in excess of the trial court’s jurisdiction. Because this case involves the jurisdictional validity of the trial court’s decision to issue a protective order during sentencing, we will consider the defendant’s claim on the merits.

Authority:

People v. Ponce (2009) 173 Cal.App.4th 378, 381-382

Case 001145

Error and/or relief

The court erred in imposing a post-sentencing protective order and in doubling the middle term when the strike had been dismissed as part of the plea agreement.

First Holding:

A court may issue a protective order to protect a witness or victim during the pendency of a criminal case. Generally, protective orders issued under section 136.2 are limited in duration and may not extend beyond the court’s jurisdiction. It was therefore error for the court to impose a protective order to extend past sentencing.

Authority:

PEN 136.2

People v. Ponce (2009) 173 Cal.App.4th 378, 382

Second Holding:

The issue of the propriety of the issuance of a protect order may be raised on appeal despite a lack of objection.

(Gary note: The court cited Ponce, but did not elaborate on its holding. I have set forth the Ponce actual holding.)

Authority:

People v. Ponce (2009) 173 Cal.App.4th 378, 381 (As a general rule, an appellant waives issues on appeal that he or she did not initially raise in the trial court. (People v. Smith (2001) 24 Cal.4th 849, 852.) But there are exceptions to this rule for unauthorized sentences and sentencing decisions that are in excess of the trial court’s jurisdiction. Because this case involves the jurisdictional validity of the trial court’s decision to issue a three-year protective order during sentencing, we will consider Ponce’s claim on the merits.)

Third Holding:

It was error to impose a second-strike punishment, because the defendant did not admit the prior strike. The strike prior allegation was dismissed when the defendant was sentenced.

(Gary note: The court did not cite any authority for this holding, most likely because it is so obvious. I have listed the two statutes pertaining to the Three Strikes law for your convenience.

(Section 667 was amended by the Legislature in 1994 to add the Strikes alternative sentencing scheme in addition to the already-existing section 664(a) enhancement on serious felony convictions for each prior conviction of a serious felony brought and tried separately.

(Section 1170.12 was added by initiative (Proposition 184) later in 1994. Somewhat confusingly, perhaps, both statutes co-exist. Both were amended in 2012 by Proposition 36.)

Authority:

PEN 667(b)-(j)

PEN 1170.12