People v. Solano CA5

Filed 9/24/24 P. v. Solano CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087345 Plaintiff and Respondent, (Super. Ct. No. BF191343A) v.

STEPHEN MOISES SOLANO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John R. Brownlee, Judge. Aaron J. Schechter, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Jesica Y. Gonzalez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Meehan, J. and Snauffer, J.

In this appeal, defendant Stephen Moises Solano challenges only a condition of probation imposed at the time of sentencing as vague and/or overbroad. Defendant does not raise any procedural issues and does not challenge any potential problems that might have occurred during the jury trial. The People have submitted a brief in response acknowledging a potential problem with the specific probation condition at issue here. Following our review of the record and the relevant legal authorities, we remand this matter to the trial court to revise the challenged probation condition to provide more clarity to defendant and the probation department. In all other respects, we affirm the judgment. PROCEDURAL SUMMARY An information was filed on December 19, 2022, charging defendant with one count of being a person motivated by an unnatural or abnormal sexual interest in children, who went to an arranged meeting with a minor (Pen. Code,1 § 288.4, subd. (b), a felony; count 1). On November 2, 2023, prior to the trial in this matter, the information was amended to add an additional count against defendant alleging he intended to contact a minor to commit a sexual offense (§ 288.3, a felony; count 2). Various circumstances in aggravation were also alleged in the amended information pursuant to California Rules of Court, rule 4.421. On November 6, 2023, the trial court dismissed count 2 in “furtherance of justice” (capitalization omitted) following a motion brought by the prosecution. Two days later, on November 8, 2023, a jury returned a verdict of guilty on the crime alleged in count 1. On December 12, 2023, the trial court suspended the imposition of sentence, and placed defendant on formal probation for a period of two years. The court imposed various conditions of probation, including ordering defendant to serve one year in