People v. Pavon CA4/1

Filed 7/22/25 P. v. Pavon CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084221

Plaintiff and Respondent,

v. (Super. Ct. No. SCD298604)

RENE CABRERA PAVON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Reversed in part, affirmed in part, and remanded with instructions. Michaela Dalton, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Eric A. Swenson and Monique Myers, Deputy Attorneys General, for Plaintiff and Respondent. Rene Cabrera Pavon appeals four probation conditions the trial court imposed. He claims these conditions are unreasonable under People v.

Lent (1975) 15 Cal.3d 481. The People concede error as to three conditions, which concessions we accept. We conclude the court did not abuse its discretion in imposing the fourth condition—a warrantless search condition. Thus, resolving this matter by memorandum opinion (see generally People v. Garcia (2002) 97 Cal.App.4th 847), we reverse in part, affirm in part, and remand with instructions. I. From December 2018 to May 2022, Pavon owned and operated a company with payroll totaling over $4.6 million, yet Pavon reported $0. Consequently, he benefited from reduced premiums, rates, and costs of required workers’ compensation insurance, resulting in State Compensation Insurance Fund losses of $1,161,100. Pavon also failed to file tax returns, resulting in California Franchise Tax Board losses of $847,385. Pavon’s fraud led to various charges. Pavon eventually pled guilty to making false statements regarding workers’ compensation insurance (Ins. Code, § 11880, subd. (a); count 1) and failure to file tax returns (Rev. & Tax. Code, § 19706; counts 4 and 5). He was sentenced to 365 days of local custody and two years of formal probation. The trial court imposed several probation conditions. Relevant to this appeal, Pavon’s counsel objected to four conditions, arguing a lack of nexus to the case. They are (1) treatment, therapy, and counseling conditions (Nos. 7(b), (c) & (d)); (2) alcohol conditions (Nos. 8(b), (c) & (f)); (3) drug conditions (No. 9(c)); and (4) a Fourth Amendment waiver condition. The last requires Pavon to “[s]ubmit [his] person, vehicle, residence, property, [and] personal effects . . . to search at any time with or without a warrant, and with or without reasonable cause, when required by” a probation or law enforcement officer (No. 6(n)).