Guzman

People v. Guzman

Good Law
23 Cal. App. 5th 53·232 Cal. Rptr. 3d 503
Court of Appeal of CaliforniaMay 9, 2018A149740California4,725 words

Opinion

lead Opinion

Smith, J.

*56 Benito Guzman appeals from an order modifying the conditions of his supervised probation to explicitly authorize warrantless searches of his electronic devices. Guzman contends (1) the trial court lacked jurisdiction to order the modification because no new circumstances existed and (2) the electronic search probation condition violates Guzman's constitutional right to privacy. We affirm the order.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Guzman's 2015 Offense and Sentence

In April 2015, Guzman was charged with two felonies: (count 1) arranging a meeting with a minor for the purpose of committing a sexual offense ( Pen. Code, § 288.4, subd. (b) 1 ); and (count 2) attempting to commit a lewd act with a minor under the age of 14 (§ 664/288, subd. (a) ). The charges were based on evidence gathered by officers conducting an undercover "sting" operation, which showed that Guzman used his cell phone and the internet Web site myredbook.com to arrange and negotiate payment for a sexual encounter with a 19-year-old female named "Sexy Shauna" and her 13-year-old sister "Jenny."

In July 2015, Guzman pleaded guilty to the count 1 felony sex offense pursuant to a negotiated disposition,…

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