People v. Willis CA2/7

Filed 4/27/15 P. v. Willis CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B257107

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 4PH02232) v.

TYLER HOLLAND WILLIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Donald S. Kennedy, Commissioner. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Blythe J. Leszkay and Nathan Guttman, Deputy Attorneys General, for Plaintiff and Respondent.

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Following his convictions on two felony counts of child molestation in 2009, Tyler Holland Willis was sentenced to state prison and subsequently released on parole, subject to multiple special conditions. After Willis was found to have violated his parole conditions, his parole was revoked and restored with an additional special condition prohibiting him from possessing any device capable of having access to the internet. On appeal, Willis challenges that condition of parole as overbroad and unreasonable. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Plea and Sentence in Underlying Offense In April 2009, Willis sold Xanax to a 13-year-old girl. After the girl had ingested some Xanax, Willis forced her to orally copulate him. He then forcibly digitally penetrated her vagina. Willis was arrested and charged in a two-count information with committing a lewd act upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)) and forcible oral copulation (Pen. Code, § 288a (c)(2)). Willis pleaded not guilty. In a negotiated agreement, Willis waived his right to a jury trial on October 27, 2009, pleaded no contest to both counts and was sentenced to concurrent three-year state prison terms.