People v. Jacaline CA6

I. INTRODUCTION

Defendant Edward Traboco Jacalne was placed on probation for three years after he pleaded no contest to possessing matter depicting a person under the age of 18 engaging in sexual conduct. (Pen. Code, § 311.11, subd. (a).)1 The trial court imposed the probation condition mandated by section 1203.067, subdivision (b)(3), which requires defendant to “waive any privilege against self- incrimination and participate in polygraph examinations, which shall be part of the sex offender management program” (condition No. 2). The trial court also imposed a probation condition barring defendant from purchasing or possessing “any pornographic or sexually explicit material as defined by the probation officer” (condition No. 15) and a probation condition barring defendant from cleaning or deleting “Internet browsing

1 All further statutory references are to the Penal Code unless otherwise indicated. activity” and requiring him to “keep a minimum of four weeks of history” (condition No. 18). On appeal, defendant challenges the three probation conditions referenced above. He claims the condition required by section 1203.067, subdivision (b)(3) violates his constitutional…