People v. Alvarado CA4/1

INTRODUCTION

Luis Alvarado was placed on formal probation for two years after pleading no contest to one count of attempted commission of lewd or lascivious acts upon a child under the age of 14 years. On appeal, Alvarado seeks modification of four probation conditions set forth in the trial court’s written sentencing order on grounds that they do not comport with the oral pronouncement of judgment. The People concede, and we agree, the written probation conditions vary from the oral pronouncement of judgment and must be modified accordingly. Additionally, Alvarado raises a constitutional vagueness challenge to a fifth probation condition restricting his use or possession of “items designed for the entertainment of children.” We agree the condition is unconstitutionally vague. Therefore, we strike the challenged condition. In all other respects, the judgment is affirmed. II

BACKGROUND

Alvarado engaged in a sexually-explicit online conversation with a person he believed to be a 13-year-old girl. The individual was actually an undercover law enforcement officer conducting a sting operation. During the conversation, Alvarado sent provocative messages and photographs of his…