California v. Navarro
Annotate this CaseAlex Navarro appeals from a postjudgment order finding him in violation of a special condition of parole, special condition No. 89 (the Special Condition), restricting his use of the Internet. In January 2009, Navarro pleaded guilty to attempted kidnapping. The then-19-year-old Navarro grabbed the 13-year-old victim’s arms at a bus stop and threatened to rape her. Four months later, pursuant to the plea agreement, the trial court sentenced him to one year in jail and three years of formal probation and he agreed to register as a sexual offender. The trial court later found Navarro violated probation, ordered probation revoked, and sentenced Navarro to 30 months in prison. On appeal, Navarro argued the Special Condition did not reasonably relate to his criminal conduct or to preventing future criminality and was vague and overbroad. The Attorney General argued the issue was moot because Navarro’s parole has expired and the Special Condition was valid. While the Court of Appeal agreed the issue was moot, the Court exercised discretion to decide the case on its merits as something of public importance likely to reoccur. The Court agreed with Navarro the Special Condition was vague and reversed the postjudgment order.
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