People v. Tye CA4/3

FACTS AND PROCEDRUAL HISTORY

In 2013 defendant pleaded guilty to five counts of oral copulation with a minor and three counts of sexual intercourse with a minor, all pursuant to a disposition negotiated with the prosecutor. As provided in the guilty plea form signed by defendant, the court suspended imposition of sentence and placed defendant on probation for five years. The terms and conditions of probation were set out on pages six and seven of the guilty plea form and separately initialed by defendant. The court imposed, “all the terms and conditions of probation that are reflected on page 6 of 7 and 7 of 7 on items numbers 1 through 31 which are initialed ‘MT.’” When the court asked defendant, “Did you understand every single term that you had to sign[,]” defendant replied, “Yes, your honor.” Item No. six on page six of the guilty plea form (Fine Condition) stated: “Pay fine of [$]300 plus penalty assessment . . . per P[enal Code section] 293” Item No. 15 on the same page (Presence Condition) stated: “Do not be in the presence of children under the age of 18, unless accompanied by a responsible adult 21 years of age or older and approved in advance by your probation or…