Filed 12/20/19 P. v. Aguilar CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado)

—-

THE PEOPLE,

Plaintiff and Respondent,

v.

VIDAL VICTOR AGUILAR,

Defendant and Appellant.

C083225

(Super. Ct. No. P15CRF0087)

On September 13, 2016, defendant Vidal Victor Aguilar pled no contest to felony vandalism. (Pen. Code, § 594, subd. (b)(1).) The trial court placed him on three years’ informal probation, and included a general search condition. Defendant appeals claiming the search condition, allowing the search of property under his control, is unconstitutionally vague as to what property the condition covers, and it might include electronics devices.

We augmented the record on our own motion to include defendant’s current probationary status. The trial court records indicate defendant was checking in as required, did not receive any petitions for violation of probation, and was in compliance with his monthly payments. As of September 12, 2019, defendant’s probation was successfully terminated.

Generally, the expiration or termination of probation renders an appeal challenging a condition of probation moot. (People v. Carbajal (1995) 10 Cal.4th 1114, 1120, fn. 5; In re R.V. (2009) 171 Cal.App.4th 239, 245.) Where there is a matter of broad public interest that is likely to recur, or the same controversy is likely to recur between the parties, we may exercise our discretion to resolve the issue. (See, e.g., Carbajal, supra, at p. 1120, fn. 5; In re R.V., supra, at p. 245; see also In re Anna S. (2010) 180 Cal.App.4th 1489, 1498.) This is not such a case. Since defendant’s probation has ended, we shall dismiss the appeal.

DISPOSITION

The appeal is dismissed as moot.

/S/

RENNER, J.

We concur:

/S/

RAYE, P. J.

/S/

BUTZ, J.