People v. Lynch CA1/1

INTRODUCTION

This is an appeal from a sentence imposed by the trial court. Appellant focuses on a condition of probation forbidding appellant from “residing] within 2000 feet of any public or private school, or park where children regularly gather.” (Pen. Code, § 3003.5, subd. (b).) Appellant contends the condition is not mandatory, as the trial court believed. Respondent agrees the condition is not mandatory, and also concurs with appellant the condition should be stricken. We agree with the parties and strike the condition under the facts of this case. We otherwise affirm the judgment.

STATEMENT OF THE CASE

The District Attorney of Solano County filed a felony complaint against appellant on August 8, 2014. The document charged him with one count of possession or control of child pornography, a violation of section 311.11, subdivision (a). Appellant entered a plea of not guilty. On June 25, 2015, a plea agreement was reached between appellant and the prosecution, with a felony plea to possession of child pornography. Appellant would receive a probation sentence. After being advised of his rights and waiving them, appellant entered a no contest plea.

On September 29,…