Brooks

People v. Brooks

Good Law
15 Cal. App. 5th 331·2017 Cal. App. LEXIS 818·223 Cal. Rptr. 3d 88
Court of Appeal of CaliforniaAugust 25, 2017D070918California1,926 words

Opinion

lead Opinion

Dato, J.

*333 The Imperial County District Attorney filed an information charging Michael Brooks with unlawful possession of ammunition ( Pen. Code 1 , § 30305, subd. (a)(1) ) (count 1); possession of controlled substance paraphernalia ( Health & Saf. Code, § 11364, subd. (a) ) (count 2); and possession of a controlled substance ( Health & Saf. Code, § 11377, subd. (a) (count 3)). As to count one, the information alleged that Brooks was prohibited from possessing a firearm as a result of a number of prior convictions.

After a preliminary hearing, Brooks entered into a plea agreement in which he pled no contest to count 1 and admitted one prison prior. The remaining counts and allegations were dismissed. Brooks agreed to a sentence of three years for the conviction plus one year for the prison prior, with the sentence to be suspended and Brooks to be placed on formal probation for three years. The terms of probation included serving one year in local custody and a "Fourth Amendment waiver."

The court's sentencing order set forth 29 terms of probation that were recommended in the probation officer's report. Brooks challenges three of those probation terms on appeal. He contends (1) the…

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