People v. Kilson CA3

Filed 1/10/22 P. v. Kilson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C092745

Plaintiff and Respondent, (Super. Ct. No. STK-CR-FE- 2018-0003424) v.

TYRONE LEE KILSON,

Defendant and Appellant.

Defendant Tyrone Lee Kilson appeals from the trial court’s revocation of his probation and execution of the 12-year prison sentence previously imposed. He argues the court abused its discretion when it admitted and relied on certain text messages to find he had violated his probation. Because we find any error in admitting the texts was harmless beyond a reasonable doubt, we will affirm the judgment with a slight

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modification to impose and stay the minimum required parole revocation fine. (Pen. Code, § 1202.45.)1 FACTUAL AND PROCEDURAL BACKGROUND A felony complaint filed on August 11, 2017, charged defendant with human trafficking of a minor (§ 236.1, subd. (c)(1); count 1), pimping a minor (§ 266h, subd. (b)(1); count 2), and pandering a minor by procuring (§ 266i, subds. (a)(1), (b)(1); count 3). On November 17, 2017, defendant pleaded guilty to human trafficking in exchange for a 12-year sentence, the execution of which was stayed, and a grant of five years felony probation. As relevant here, the terms of defendant’s probation included that he “[v]iolate no law” as well as an express acknowledgment that “a violation of probation in any way will result in the 12-year prison sentence being imposed.” The court also imposed various fines and fees, including a $300 restitution fine (§ 1202.4, subd. (b)) and a corresponding $300 suspended probation revocation fine (§ 1202.44). The remaining charges were dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. The factual basis for defendant’s plea was that he had caused a minor to engage in a commercial sexual act with the intent to pimp and pander by receiving money from that act. On November 26, 2019, the probation department filed a request to summarily revoke defendant’s probation containing two allegations; the entirety of the relevant allegation on this appeal is that defendant had “[f]ailed to obey all laws, to wit: [] defendant was arrested for a warrant alleging he committed the same and/or similar offense.” The accompanying explanation of the allegation described that defendant was suspected of the human trafficking of two females, one of whom was a minor. The court revoked defendant’s probation and issued a bench warrant for his arrest. A contested