People v. Jose CA1/5

Filed 12/16/21 P. v. Jose CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

A161138

v. JULIANO JOSE, (Solano County Super. Ct. No. FCR344511) Defendant and Appellant.

In February 2020, defendant and appellant Juliano Jose (appellant) pled no contest to a charge of unlawful sexual intercourse (Pen. Code, § 261.5, subd. (c)); two other counts were dismissed. The charges arose out of an incident in which appellant, who was 18 years old, had sex with a 13-year-old girl. In September, the trial court suspended imposition of sentence and granted probation, imposing a three-year term. On appeal, appellant challenges two of the trial court’s probation conditions on constitutional grounds. First, the court…