People v. Seda CA1/5

BACKGROUND

In November 2012, appellant pleaded guilty to possession of child pornography (Pen. Code, § 311.11, subd. (a)).1 On January 9, 2013, the trial court suspended imposition of sentence and placed appellant on probation for three years. The trial court’s January 9, 2013 minute order included various conditions of probation including, as pertinent here, “Do not view, purchase, possess or have access to any videotapes, films and/or magazines, floppy discs, CD’s or any medium which depict minor(s) or people representing themselves as minor(s) in sexual activity.” In March

1 All undesignated section references are to the Penal Code.

1 2014,2 the probation department requested summary revocation of appellant’s probation based on items found on appellant’s cell phone, including viewing history showing appellant had viewed videos of prepubescent children and of breastfeeding toddlers, as well as a bookmark to a photograph of a picture of naked boys lying face-down on a large rock. In May 2014, the trial court held a contested probation revocation hearing. Nancy Brown, appellant’s probation officer, testified that she and her partner conducted a probation search at appellant’s…