People v. Duran CA4/1

I.

INTRODUCTION

Defendant David B. Duran obtained a certificate of probable cause to pursue an

appeal from the trial court's order granting him formal probation for three years after

Duran pled no contest to a charge that he committed a lewd act upon a child under the

age of 14. The victim was Duran's girlfriend's 11-year-old daughter.

On appeal, Duran challenges the constitutionality of two of the conditions of

probation that the trial court imposed. One of the conditions Duran challenges prohibited

Duran from contacting the victim "or any member of her family." The other condition

ordered Duran to "stay away from places where [known gang members] congregate."

During the pendency of this appeal, it came to this court's attention that the trial

court revoked Duran's probation and sentenced Duran to prison after he admitted to

violating two of his probation conditions (including an admission that he had contacted

the mother of the victim, who was also the mother of Duran's young son). Because

Duran is no longer subject to the probation conditions that he is challenging in this

appeal, we dismiss his appeal as moot.

II.

FACTUAL AND…