Kendrick

INTRODUCTION

Pursuant to a plea agreement, defendant Robert G. Kendrick, represented by counsel, pled guilty to two counts of committing a lewd act upon a child (§ 288, subd. (a).) The trial court sentenced defendant to a 10-year state prison term but suspended execution of sentence and placed defendant on formal probation for five years. The probationary term included the condition that he not use the Internet without prior approval of his probation officer. Defendant did not object to this condition of probation. Three years later, the trial court found defendant in violation of probation because he had used the Internet without obtaining permission. The trial court revoked and terminated probation and lifted the stay of execution on the 10-year sentence.

In this appeal, defendant raises two contentions. The first is that the probation condition precluding access to the Internet without prior authorization is unconstitutional. In the published portion of this opinion, we find that this contention has been forfeited because it was not raised in the trial court. We therefore do not consider it on the merits. In the nonpublished portion of this opinion, we consider…