People v. Trujillo

15 Cal.App.5th 574

223 Cal.Rptr.3d 268

The PEOPLE, Plaintiff and Respondent,

v.Daylo A. TRUJILLO, Defendant and Appellant.

D071715

Court of Appeal, Fourth District, Division 1, California.

Filed September 21, 2017

James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Julie L. Garland, Assistant Attorney General, Michael Pulos and Britton B. Lacy, Deputy Attorneys General, for Plaintiff and Respondent.

HALLER, J.

In separate cases, Daylo Trujillo pleaded guilty to attempted robbery and assault by means likely to cause great bodily injury. ( Pen. Code, §§ 211, 664, 245, subd. (a)(4).) After a combined sentencing hearing, the court sentenced Trujillo to one year in county jail and three years' formal probation.

Trujillo's sole appellate challenge concerns an electronics-search probation condition imposed in both cases. He contends the condition is unreasonable under California Supreme Court standards (see People v. Lent (1975) 15 Cal.3d 481, 124 Cal.Rptr. 905, 541 P.2d 545 ( Lent )) and is constitutionally overbroad.¹

We reject these contentions. The trial court did not abuse its discretion in concluding the condition is reasonable under Lent because it will allow the probation department to effectively supervise Trujillo. Additionally, the probation condition satisfies constitutional standards because the infringement on Trujillo's privacy rights is outweighed by the state's strong need to closely monitor Trujillo's conduct and protect public safety, and there are no facts showing Trujillo's electronics contain the type of private information meriting heightened protection or that a search of these devices would be more intrusive than a warrantless search of his home, to which Trujillo has not objected. The record does not support that the electronics-search condition is unnecessarily broad or will result in an unjustified invasion of Trujillo's privacy rights.

FACTUAL AND PROCEDURAL BACKGROUND

We base our factual summary on the probation reports. In October 2016, at about 2:15 a.m., two individuals (S and V) were retrieving S's car left in a Smart and Final parking lot. When S and V drove into the parking lot, Trujillo was inside S's parked car. Trujillo then exited the car, approached S and V, and pointed what appeared to be a semi-automatic handgun at them (which later turned out to be an airsoft replica gun). When S got out of the car and walked towards Trujillo, Trujillo pointed the gun at S's face. S backed away, and Trujillo struck him in the head with the gun. Trujillo then pointed the gun at V and demanded she give him everything she had. When V refused, Trujillo fled. S and V called law enforcement.

S sustained a large cut to his head. S's vehicle (that had been left at the parking lot) was damaged. S reported items missing from his car, including $100 in cash, a phone charger, a backpack, and the vehicle registration.

Several hours later, at about 5:15 a.m. Trujillo approached another victim (C) at a fast-food restaurant about 100 yards away from the Smart and Final parking lot. C was in his vehicle waiting at a drive-through window. Trujillo brandished an airsoft gun, pointed it at C's face, and demanded cash. C believed the gun was real and feared for his safety, but was able to wrestle the weapon away from Trujillo. After Trujillo fled, C called the police. A security camera captured the event.

Shortly after, deputies arrested Trujillo and transported him to a sheriff's substation. Trujillo's vehicle contained a bottle with two Xanax pills (that had not been prescribed to him). Deputies interviewed Trujillo while he was in a holding cell. His breath had a strong alcohol odor and he exhibited slurred speech. Trujillo said he had been " ‘drinking all night,’ but could not recall what he had been drinking." He told deputies he was "desperate for money."

After being charged by separate complaint for each incident, Trujillo pleaded guilty in both cases. On the Smart and Final parking lot incident, Trujillo pleaded guilty to assault by means likely to cause great bodily injury. On the fast-food incident, Trujillo pleaded guilty to attempted robbery.

Probation Reports

A separate probation report was prepared for each case. The probation reports noted that 19-year-old Trujillo had no criminal history, and the parties had agreed he would be granted probation. On the Smart and Final case, the probation officer summarized his interview with Trujillo. He said Trujillo admitted using Xanax pills and drinking alcohol before the offenses, and Trujillo believes the combination of the pills and alcohol caused him to commit the crimes. Trujillo apologized and said he learned his lesson.

The other probation report provided a similar interview summary, and also explained various issues in Trujillo's background, including that his biological father committed suicide when Trujillo was a small child, and Trujillo's mother abandoned the family in 2013. Two of Trujillo's brothers have died. Trujillo's younger brother committed suicide in 2014 and Trujillo witnessed the suicide. The other brother died in 2015. Trujillo has three younger siblings (ages 13, 6, and 3), whom he is helping to support. Trujillo did not graduate from high school. At the time of his arrest, he had been working in the fast food industry. He said he had been working at two restaurants for a combined 120 hours per week, earning approximately $1,000 per month. Upon his release, Trujillo plans to live with his aunt.

Trujillo admits he drinks alcohol daily, and believes his current legal problems are related to his alcohol use. Trujillo said he abuses alcohol to cope with the death of his two siblings and is willing to participate in treatment and abide by all proposed probation conditions. Trujillo denied having a mental health disorder or having medications for mental health problems. He claimed the day of the crimes was the first time he had used Xanax pills and said "it was out of character for him to do such a crime." He indicated he "previously dealt with suicidal ideation as a youth, but ... is currently feeling ‘good.’ " He acknowledged he has experienced insomnia and nightmares since his brother's suicide, and said "he has coped with the event by ‘drinking.’ " He described his childhood as " ‘rough.’ " Trujillo has no gang tattoos and denied any gang affiliation, although his deceased younger brother had been associated with a gang. Trujillo expressed surprise that the plea agreement would permit him to avoid prison, stating the court was " ‘giving me less than I thought I would get.’ "

Both probation officers evaluated Trujillo under the COMPAS assessment tool (Correctional Offender Management Profiling for Alternative Sanctions). The assessments found Trujillo could be successfully guided and monitored in the community (as opposed to prison), but also identified multiple risk factors, including "Substance Abuse, Residential Instability, Social Isolation," and "Family Criminality."

The probation officers said they considered the results of the COMPAS assessment in conjunction with other relevant information to formulate the recommended probation conditions, and emphasized the importance of close supervision. One probation officer noted: "Interventions in the community may want to focus on cognitive behavioral interventions which would aim to restructure the way [Trujillo] interprets the world around him as a result of past traumatic experiences, i.e. parental abandonment, parental death, and witnessing his brother's suicide...." The other probation officer stated: "Based on the COMPAS assessment, it appears [Trujillo] would benefit from some guidance and monitoring in the community via probation supervision and referrals to community resources. Supervision, along with treatment, will likely be beneficial to the defendant as it appears he is in need of guidance and coping skills to deal with tragic events he has experienced in his life."

Both probation officers recommended 365 days in county jail, and three years of formal probation, noting they did not evaluate the appropriateness of a prison sentence because the parties had agreed to probation. Both probation officers recommended numerous probation conditions, including the condition at issue in this case: "Submit person, vehicle, residence, property, personal effects, computers , and recordable media ... to search at any time with or without a warrant, and with or without reasonable cause, when required by [the probation officer] or law enforcement officer." (Italics added.) The other proposed probation conditions included: (1) seek and maintain full-time employment or schooling; (2) participate in recommended treatment, therapy, and counseling; (3) provide written authorization for the probation officer to receive progress and compliance reports from any medical/mental-health provider or other treatment provider; (4) do not knowingly use or possess alcohol or controlled substances without a prescription; (5) submit to any chemical test of blood, breath, or urine to determine blood alcohol content and/or controlled substance use; (6) attend anger management classes; and (7) prohibitions on owning, transporting, selling, or possessing various types of weapons, replica firearms, and other related instruments.

The probation officer in the fast-food attempted robbery case also recommended imposing gang-related conditions, including prohibitions on knowingly associating with gang members, and on knowingly wearing any gang-related clothing or other material. The probation officer in the Smart and Final assault case did not recommend any gang conditions.

Sentencing Hearing

At the consolidated sentencing hearing, defense counsel objected to two proposed probation conditions: (1) the "computers and recordable media" Fourth Amendment waiver condition (electronics-search condition), arguing the condition has "no logical nexus to this charged crime" un...