People v. Keigh CA4/3

Filed 4/4/14 P. v. Keigh CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048477

v. (Super. Ct. No. 10HF1977)

SPENCER AARON KEIGH, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Christopher Evans, Commissioner. Affirmed. Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Kathryn Kirschbaum, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Spencer Aaron Keigh appeals from the order revoking and reinstating his probation with conditions. He challenges the condition that he submit to continuous monitoring by a global positioning system (GPS). We conclude the trial court did not abuse its discretion by imposing that condition and therefore affirm.

FACTS In November 2011, the Orange County District Attorney filed an amended information charging Keigh with one count of unlawful sexual intercourse in violation of Penal Code section 261.5, subdivision (c). The amended information alleged that Keigh had engaged in an act of sexual intercourse with a female who was not his spouse and who was a minor more than three years younger than he. Keigh pleaded guilty to the charged offense. The trial court placed Keigh on three years of formal probation on the condition he first serve 270 days in jail (with two days of custody credit). Terms of probation provided that Keigh use no unauthorized drugs, narcotics, or controlled substances, and that he submit to drug or narcotics testing as directed by his probation officer or a police officer. In April 2013, Keigh was charged with a probation violation. The petition for arraignment on probation violation (the arraignment petition) alleged: “[Keigh] submitted a urine sample which tested positive for marijuana use on February 25, 2013 and April 8, 2013. He submitted a saliva sample which tested positive for marijuana use on March 25, 2013. When confronted on his apparent drug use [Keigh] denied using marijuana, instead claiming a friend blew marijuana smoke in his face as a joke.” The arraignment petition recommended as an additional probation condition that Keigh submit to continuous electronic monitoring by a GPS.