P. v. Dean CA5
Defendant Fred Warren Dean, Jr., was admitted to probation on July 30, 2015, after pleading no contest to one felony count of Penal Code section 273.5, subdivision (a). Among other conditions of his probation, defendant was ordered not to have any contact with the complaining witness, M.D., and to stay more than 100 yards away from M.D.’s residence and place of employment.
Defendant subsequently admitted to multiple violations of his probation, however, he contested an allegation alleging he had contact with M.D. and he had been within 100 yards of her residence. Following a contested hearing, the court found true the allegation. Defendant was sentenced to a term of four years in state prison.
On appeal, defendant claims certain text messages admitted at the hearing to show defendant had contact with M.D. were not properly authenticated. As a result, he contends the trial court erred in relying on the text messages in imposing his sentence. We affirm.
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