P. v. Dominguez

Filed 8/24/06 P. v. Dominguez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Sarah Adams Christian, Judge. Affirmed.

Michael J. Kennedy for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, and Scott C. Taylor, Supervising Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION

Apparently, alleging abuse of discretion, defendant and appellant Leroy Sunny Dominguez (appellant) seeks deletion of the search condition of his probation. We will affirm.

FACTUAL AND PROCEDURAL HISTORY

On April 6, 2005, appellant, a convicted sex offender, was charged by amended felony compliant with eight counts of being a felon in possession of a firearm in violation of Penal Code section 12021, subdivision (a)(1) (counts 1-8),^[1] and one count of failure to register as required by section 290, subdivision (g)(2) (count 9). At a hearing on August 25, 2005, appellant pled guilty to counts 1, 2, and 9. Specifically, appellant admitted to being a convicted felon and to possessing three pistols and three rifles. Pursuant to a plea bargain, the court dismissed counts 3 through 8, suspended appellant's three-year prison sentence, and imposed three years of formal probation with terms and conditions.

In the course of the hearing, when the district attorney requested that a general search condition be included in the probation agreement because, â€