People v. Leith CA3

DISCUSSION

Generally, in a criminal case, “[t]he filing of a valid notice of appeal vests jurisdiction of the cause in the appellate court until determination of the appeal and issuance of the remittitur. [Citations.]” (People v. Perez (1979) 23 Cal.3d 545, 554

Chelsea’s Law, as enacted in Penal Code section 1203.067 (hereafter, section 1203.067), requires the trial court to impose conditions relating to a sexual offender management program when a defendant must register as a sexual offender and is granted probation. (Stats. 2010, ch. 219, §§ 1, 17.) Defendant contends: (1) the trial court improperly modified the conditions of probation because there was no change of circumstances, (2) application of section 1203.067 to defendant violated the prohibition on ex post facto laws, (3) compelled waiver of his privilege against self-incrimination violates the Fifth Amendment, and (4) compelled waiver of his psychotherapist-patient privilege violates his due process rights. The California Supreme Court is currently reviewing the constitutionality of the section 1203.067 probation conditions in People v. Garcia (2014) 224 Cal.App.4th 1283, review granted July 16, 2014,…