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.
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.
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.
Alcocer timely appealed to this court, challenging three of
the "other conditions" of his community custody. A
panel considered the case without oral argument.
Alcocer challenges the possession of pornographic materials
restriction, the plethysmograph requirement, and the
restriction on his contact with minors. We ...