People v. Endicott CA3

FACTS AND PROCEEDINGS

On September 23, 2014, a complaint was filed charging defendant, then 19 years old, with two counts of unlawful sexual intercourse with a minor more than three years younger than himself (§ 261.5, subd. (c)), and two counts of furnishing marijuana to a minor (Health & Saf. Code, § 11361, subd. (b)). On October 1, 2014, defendant pleaded no contest to one count of unlawful sexual intercourse with a minor (§ 261.5, subd. (c)) and one count of furnishing marijuana to a minor (Health & Saf. Code, § 11361, subd. (b)), in exchange for three years’ probation and dismissal of the other counts. As part of defendant’s plea agreement, the parties also agreed that he would not be required to register as a sex offender (§ 290) and the prosecution would not file new charges relating to another alleged victim. On October 27, 2014, the trial court accepted defendant’s plea and placed him on formal probation for a period of three years subject to a number of terms and conditions. One of these conditions, condition 17, states: “Do not own, use, or possess any form of sexually explicit movies, videos, materials, or devices unless recommended by a therapist or approved by the…