People v. Dodson CA4/1

Filed 10/27/20 P. v. Dodson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D077140

Plaintiff and Respondent,

v. (Super. Ct. No. SCD284233)

ARMON DODSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert J. Trentacosta, Judge. Affirmed. Arielle Bases, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters and Julie L. Garland, Assistant Attorneys General, Michael Pulos and Britton B. Lacy, Deputy Attorneys General, for Plaintiff and Respondent.

I INTRODUCTION Defendant Armon Dodson pleaded guilty to one count of unlawful

possession of a billy club (Pen. Code, § 22210).1 The trial court placed him on formal probation for three years subject to various terms and conditions. On appeal, Dodson asserts an as-applied constitutional overbreadth challenge to a probation condition requiring him to submit to searches of his computers and electronic devices with or without reasonable cause. Dodson did not object to the probation condition on these grounds in the trial court. Therefore, he has forfeited his as-applied constitutional overbreadth challenge. Further, to the extent Dodson challenges the facial constitutionality of the probation condition, we conclude his facial constitutional challenge is without merit. Accordingly, we affirm the judgment. II

BACKGROUND2 A San Diego police officer pulled Dodson over for driving a vehicle with an expired registration. While conducting a pat down search, the officer noticed a billy club concealed in Dodson’s waistband. The officer removed the billy club and arrested Dodson. Dodson pleaded guilty to possessing a billy club in violation of section 22210. The court placed Dodson on probation subject to numerous conditions. One such condition required Dodson to “[s]ubmit [his] ... computers[] and recordable media electronic devices” to warrantless searches.