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People v. Munoz

California Court of Appeals, Third District, Tehama

February 5, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
JOSE GUADALUPE MUNOZ, Defendant and Appellant.

[REVIEW GRANTED BY CAL. SUPREME COURT]

APPEAL from a judgment of the Superior Court of Tehama County, No. NCR77911, C. Todd Bottke, Judge.

Page 1395

[Copyrighted Material Omitted]

Page 1396

COUNSEL

Gabriel Bassan, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROBIE, J.

Defendant Jose Guadalupe Munoz violated probation by admittedly driving on a suspended license and possessing methamphetamine. The trial court sentenced him to three years in county jail followed by three years of mandatory supervision subject to terms and conditions including that he participate in psychological or psychiatric counseling/treatment if directed to do so by his probation officer, and that he sign any release of information necessary to allow the exchange of information between his probation officer, counselors, and therapists.

On appeal, defendant contends the condition requiring submission to psychiatric counseling is invalid, and the condition requiring the release of confidential mental health information is overbroad. He urges these claims are subject to appellate review despite his failure to object below.

We conclude defendant forfeited his claims by failing to object to imposition of either mandatory supervision condition. We further conclude defense counsel was not ineffective for not objecting to these conditions. Accordingly, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On May 18, 2009, defendant sold 0.4 grams of methamphetamine within 1,000 feet of Maywood Middle School, which was in session at the time.

On December 10, 2009, defendant was charged with three counts of sale of a controlled substance. The information alleged that, as to two of the three counts, the sale of the controlled substance ...


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