People v. Miller

Defendant pled guilty to committing a lewd and lascivious act upon a child under the age of 14. (Pen. Code, § 288, subd. (a).) The victim, defendant’s niece, was seven years old at the time of the offense. Defendant was placed on probation for five years on condition that he serve one year in county jail, have no contact with the victim or any other minor female unless in the presence of her parent or with the express approval of his probation officer, and that he submit to a polygraph examination at the direction of his probation officer. On appeal defendant challenges the condition requiring submission to polygraph testing. We shall affirm.

At sentencing, defendant objected unsuccessfully to the polygraph condition. The probation officer asserted the polygraph was necessary to monitor defendant’s compliance with the other conditions of probation, especially the condition forbidding unsupervised contact with young girls. The results were not to be used as evidence of a probation violation but to determine whether changes would be necessary in the administration of defendant’s case plan. The court included the condition solely to assist the probation officer in enforcing…