P. v. Guerrero CA5
Defendant Morgan Guerrero pled no contest to burglary. The trial court granted her probation and imposed various fines and fees, including a restitution fine (Pen. Code, § 1202.4, subd. (b)), a court operations fee (§ 1465.8), and a court facilities assessment (Gov. Code, § 70373). On appeal, defendant contends that (1) the condition of probation requiring her to submit to a search of her electronic devices is unconstitutionally overbroad and (2) the trial court erred in ordering her to pay fines and fees without conducting a hearing on her ability to pay those amounts as set forth in People v. Dueñas (2019) 30 Cal.App.5th 1157.
We permitted the parties to submit supplemental briefing on the issue of whether defendant’s first contention is moot because her term of probation has been reduced to two years pursuant to Assembly Bill No. 1950 (2019–2020 Reg. Sess.) (Assembly Bill 1950). Defendant objects to this court taking judicial notice of the trial court’s online docket.
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