California Court of Appeal

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People v. Rebulloza, H040847

In this case, defendant pleaded no contest to one count of indecent exposure and the trial court granted a three-year term of probation to include one year in county jail as a condition of probation. Among other conditions, the court ordered defendant to complete a sex offender management program as mandated by Penal Code section 1203.067, and under subdivisions (b)(3) and (b)(4), the court ordered defendant to "waive any privilege against self-incrimination" and to "wave any psychotherapist-patient privilege. " Defendant challenges the constitutionality of these two waivers. The judgment is modified to strike the language "waive any privilege against self-incrimination" from the probation conditions, and is affirmed as modified, where: 1) the condition requiring a waiver of the privilege against self-incrimination is prohibited by the Fifth Amendment under Minnesota v. Murphy; and 2) the psychotherapist-patient privilege is construed so as to require waiver only insofar as necessary to enable communication between the probation officer and the psychotherapist, and as such is not overlord in violation of defendant's constitutional right to privacy.

Appellate Information

  • Decided 02/27/2015
  • Published 02/27/2015

Judges

  • Marquez

Court

  • California Court of Appeal

Counsel