People v. Aragon CA6

Good Law
Court of Appeal of CaliforniaMay 21, 2014H039880California1,475 words

Opinion

Opinion

STATEMENT OF THE CASE

In May 2013, defendant pleaded no contest to one count of possessing matter depicting a person under the age of 18 engaging in or simulating sexual conduct. (Pen. Code, § 311.11, subd. (a).)1 The court suspended imposition of sentence, and placed defendant on probation for three years. The court also imposed the following conditions of probation, among others. “15. The defendant shall not purchase or possess any pornographic or sexually explicit material as defined by the probation officer. . . .

1 All further statutory references are to the Penal Code. [¶] 17. The defendant shall not access the Internet or any other on-line service through use of a computer, or other electronic device at any location (including place of employment) without prior approval of the probation officer. The defendant shall not possess or use any data encryption technique program. [¶] 18. The defendant shall not clean or delete Internet browsing activity and must keep a minimum or four weeks of history.” In addition to the probation conditions, the court imposed a probation supervision fee of $50 per month. Defendant filed a timely notice of appeal.

DISCUSSION

On appeal,…

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