P. v. Torres
Filed 5/9/06 P. v. Torres CA4/2
See Dissenting Opinion
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. DENISE TORRES, Defendant and Appellant. | E038763 (Super.Ct.No. FSB50859) OPINION |
APPEAL from the Superior Court of San Bernardino County. Douglas A. Fettel, Judge. Affirmed.
Dennis L. Cava, under appointment by the Court of Appeal, 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.
Defendant and appellant Denise Torres (defendant) pleaded guilty to receiving stolen property under Penal Code[1] section 496, subdivision (a) (count 1). In exchange, count 2 for soliciting prostitution under section 647, subdivision (b), and count 3 for unauthorized possession of a hypodermic needle or syringe under Business and Professions Code section 4140 were dismissed. Defendant was placed on three years probation, subject to several terms and conditions. Defendant's sole contention on appeal is that the probation condition requiring her to submit to and cooperate in field interrogations is overly broad and infringes upon her Fifth Amendment right against self-incrimination. We reject this contention and affirm the judgment.
I
FACTUAL AND PROCEDURAL HISTORY[2]
On July 5, 2005, defendant approached a plainclothes police officer and solicited him for money in exchange for sex. The officer searched defendant's purse. He found a check card in the name of someone else and a hypodermic needle. Defendant was subsequently arrested for solicitation of prostitution. In a telephone interview on August 4, 2005, defendant admitted that she had used the hypodermic needle to shoot up the day before her arrest.
II
DISCUSSION
A. The Trial Court Properly Imposed a Condition of Probation Requiring Defendant to Submit to and Cooperate in Field Interrogations by a Peace Officer
Defendant contends that the probation condition requiring her to â€
