People v. Rocha CA3

BACKGROUND

In 2016, the People charged defendant with three counts of possession of child pornography in violation of section 311.11, subdivision (a). In 2017, pursuant to a negotiated plea agreement, defendant pleaded no contest to one count of possession of child pornography and the trial court dismissed the remaining charges. Prior to sentencing, defendant filed a motion to reduce his conviction to a misdemeanor pursuant to section 17, subdivision (b)(3). At the sentencing hearing, the trial court announced its intention to grant probation without requiring defendant to serve time in jail. The trial court indicated it would consider defendant’s performance during the first six months to decide whether to reduce the conviction to a misdemeanor or to impose a prison sentence. Defendant withdrew his motion in response to the indicated sentence. Without objection, the trial court suspended imposition of sentence and placed defendant on probation for three years, subject to various terms and conditions, including successful participation in a sex offender therapy program. In 2019, the probation department filed a petition seeking to extend defendant’s probation by two years because…