People v. Nakano
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Nakano, charged with felony possession of child pornography, entered a plea of no contest after the court stated that its “indicated sentence” would be to grant probation with a suspended sentence and that its “goal" was Nakano's return to Japan. The prosecutor opposed terminating Nakano’s probation upon his leaving the U.S. because terminating Nakano’s probation would mean that he would avoid any meaningful time in custody and would not undertake sex offender treatment required by Penal Code 1203.067. The probation department also opposed Nakano leaving the country.
The court sentenced Nakano to 16 months in prison, but suspended that sentence and granted three years of formal probation, ordering Nakano to register as a sex offender and complete a sex offender management program “for a period of not less than a year.” The court imposed a $300 restitution fine plus a $300 probation revocation fine (suspended), waiving all other fines and fees. At a hearing on the prosecution’s motion for reconsideration of the sentence, Nakano’s counsel stated that Nakano had left the U.S., having paid his fines and fees. Nakano had registered as a sex offender. The court terminated Nakano’s probation. The court of appeal reversed. The trial court failed to apply the proper standard for terminating probation early, i.e., the “ends of justice . . . good conduct and reform” standard, section 1203.3(a).
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