People v. Castellanos
Annotate this CaseCastellanos was charged with transporting a controlled substance from one county to another noncontiguous county and possession of a controlled substance for sale. Castellanos pleaded no contest to count 1 in exchange for a three-year term of probation and the dismissal of count 2. Castellanos signed a plea form including preprinted waiver language, covering “the right to appeal [his] conviction, the judgment, or any other orders previously issued by this court.” In the plea colloquy, Castellanos stated that he gave up his rights to appeal and to collateral attack. The court found that Castellanos knowingly, intelligently, and voluntarily waived his rights, granted a three-year term of probation, and imposed an electronic search probation condition requiring Castellanos to provide law enforcement with access to any electronic device, including all passwords to any social media accounts and applications. The California Supreme Court subsequently struck down a similar electronic search condition as overbroad. The court of appeal rejected Castellanos’ challenge to the condition. Castellanos’s claim relied on a post-waiver change in the law, so Castellanos did not enter a knowing and voluntary waiver of the right to appeal from the challenged probation condition but the search condition is not overbroad, as it was related to the offense for which Castellanos was convicted.
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