P. v. Montgomery CA5
Appellant Isaac Lamaar Montgomery pled no contest to one count of possession of ammunition by a felon, in violation of Penal Code section 30305, subdivision (a) and was placed on probation. He argues the electronic search condition imposed by the trial court is unreasonable because it bears no relation to his offense or future criminality, the condition is unconstitutionally overbroad, and it violates his Fifth Amendment rights against self-incrimination and that his trial counsel was ineffective when he failed to object to the electronic search condition.
We reject his constitutional challenges because Montgomery failed to object to the condition in the trial court and thereby forfeited the right to argue on appeal the condition is unconstitutional. We further find Montgomery’s trial counsel was not ineffective for not objecting to the search condition, and affirm the judgment.
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