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State v. Alcocer

Court of Appeals of Washington, Division 3

March 22, 2018

STATE OF WASHINGTON, Respondent,
v.
DAVID VASQUEZ ALCOCER, Appellant.

          PUBLISHED OPINION

          KORSMO, JUDGE.

         David Alcocer appeals from his convictions on two counts of third degree assault with sexual motivation, challenging three of the conditions of community custody imposed by the trial court. Adhering to our decision in State v. Magana, 197 Wn.App. 189, 389 P.3d 654 (2016), we largely affirm the trial court, but the matter is remanded for clarification of the language and scope of some of the conditions.

         FACTS

         Mr. Alcocer pleaded guilty to charges involving his stepdaughter, whom we need not identify by name. Mr. Alcocer has two biological children with the stepdaughter's mother, who also has two other children from a previous relationship. The record reflects that the victim was twelve years of age. The ages of the other children are not revealed in the record, although it is likely that his biological children are younger than the victim.

         The court imposed a standard range sentence of 27 months in prison, followed by 36 months of community supervision during which he must be evaluated and, if necessary, undergo treatment for sexual deviancy. In addition to typical conditions of supervision, the court imposed the following "other conditions" of community custody:

•Have no contact with minors under the age of 18 without prior approval from his supervising Community Corrections Officer and/or his sex offender treatment provider.
•Obtain a sexual deviancy evaluation, at your own expense, and follow through with recommended treatment if directed by your community corrections officer or therapist;
•Submit to a polygraph and/or plethysmograph testing upon the request of your therapist and/or community corrections officer, at your own expense.
•Shall not use or possess any pornographic materials, to include magazines, internet sites, and videos.
•Have absolutely no contact with the victim.

Clerk's Papers at 96.

         Mr. Alcocer timely appealed to this court, challenging three of the "other conditions" of his community custody. A panel considered the case without oral argument.

         ANALYSIS

         Mr. Alcocer challenges the possession of pornographic materials restriction, the plethysmograph requirement, and the restriction on his contact with minors. We ...


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