P. v. Haggard CA5
In 2010, Loal Haggard was convicted of five violations of Penal Code section 288, lewd act on a child, and the trial court ordered him to submit to blood testing for HIV antibodies pursuant to section 1202.1. This order was never transmitted to the correctional authorities, however, which brought the problem to the court’s attention in 2015. The court also failed to note a finding of probable cause that was required by the statute. The court held a hearing and again ordered Haggard to submit to the testing, this time noting its probable cause finding.
Haggard appeals from the 2015 order. He argues that the trial court had no jurisdiction to revisit the issue in 2015 and the order violated his rights under the Fourth, Fifth, and Eighth Amendments, as well as his constitutional right to privacy. Haggard’s arguments lack merit and we will affirm the order.
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