California Court of Appeal

The trial court's judgment imposing probation conditions on defendant following his conviction on two counts of lewd conduct with a minor aged 14 or 15, is reversed and remanded, where: 1) the Fifth Amendment prohibits a waiver of "any privilege against self-incrimination" as a condition of probation, although defendant may be required to participate in polygraph examinations to the extent the questions posed to him relate to the successful completion of the program, the crimes of which he was convicted, or related criminal behavior; 2) the waiver of any psychotherapist-patient privilege is constitutional because it is construed as requiring waiver only insofar as necessary to enable communication between the supervising probation officer and the sex offender management professional; 3) the condition that defendant is not to date, socialize, or form any romantic relationship with any person who has physical custody of a minor unless approved by the probation officer is unconstitutionally vague and overbroad in violation of defendant's right to freedom of association; and 4) defense counsel did not provide ineffective assistance of counsel.

Appellate Information

• Decided 04/23/2014
• Published 04/23/2014

Judges

• MÁRQUEZ

Court

• California Court of Appeal

Counsel