Baird

People v. Baird

Good Law
11 Cal. Rptr. 3d 392·116 Cal. App. 4th 1318·2004 Cal. App. LEXIS 363·2004 Daily Journal DAR 3528·2004 Cal. Daily Op. Serv. 2415
Court of Appeal of CaliforniaMarch 22, 2004B166017California1,859 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Defendant and Appellant Michael Baird appeals from an order finding him in violation of probation and executing a sentence that previously had been imposed and suspended on condition that he comply with the terms of probation. We affirm.

BACKGROUND

In October 2000, as part of a plea bargain, defendant entered a plea of no contest to two counts: a violation of Penal Code section 664/288.2, subdivision (b) (attempted offense of sending harmful matter with the intent of seducing a minor), and a violation of section 311.2, subdivision (d) (section 311.2(d)) (distributing to a minor or possessing with the intent to distribute to a minor matter depicting a minor engaged in or simulating sexual conduct). As part of the plea agreement, defendant acknowledged that he would receive a sentence of three years four months. That sentence was imposed and its execution suspended, and the trial court placed defendant on probation under certain terms. Because defendant’s offenses involved sending improper materials over the Internet to someone he thought was a minor, one of the terms of his probation was that defendant “not associate with and stay away from the internet and…

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