People v. Delgado CA6

I. INTRODUCTION

Defendant Salvador Terones Delgado was placed on formal probation for three years after he pleaded no contest to indecent exposure with a prior conviction (Pen. Code, § 314, subd. 1; count 1)1 and misdemeanor failure to register as a sex offender (§ 290.015, subd. (a); count 2). Count 1 involved defendant masturbating in a laundromat in the presence of an employee. The trial court imposed numerous probation conditions, including sex offender treatment conditions mandated by section 1203.067. As required by subdivision (b)(2), the court ordered defendant to “enter, participate and complete an 2 approved sex offender management program” and, as required by subdivision (b)(3) that

1 All statutory references are to the Penal Code. All undesignated subdivision references are to section 1203.067. 2 Subdivision (b)(3) requires a “[w]aiver of any privilege against self- incrimination and participation in polygraph examinations, which shall be part of the sex offender management program.” Subdivision (b)(3) is ambiguous in that the phrase “[w]aiver of any privilege against self-incrimination” can be read narrowly as applying only to “polygraph examinations” or more…