P. v. Simpson CA5
In April 2021, defendant Dakota Wallace Simpson pled nolo contendere to committing an assault with the use of force likely to cause great bodily injury. Soon thereafter, the trial court suspended the imposition of the sentence and placed defendant on probation for three years. In this appeal, defendant challenges fines imposed under Penal Code section 1203.1b, which were later repealed by the Legislature. Defendant also challenges a condition of probation that provides his probation officer with the unlimited ability to search all his electronic devices. Defendant believes the condition is overbroad and unconstitutional. The People acknowledge the repeal of the section 1203.1b fines, and further acknowledge a remand is necessary to allow the trial court to narrow the probation condition on searches of defendant’s electronic devices. We agree and remand this matter for further proceedings.
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