Can a defendant challenge a finding of probable cause for an involuntary HIV testing order?

California, United States of America


The following excerpt is from People v. Sosa, G055993 (Cal. App. 2019):

Penal Code section 1202.1, subdivision (e)(6) or a notation of that finding in the docket or minutes." (People v. Stowell (2003) 31 Cal.4th 1107, 1117, fn. omitted.) "[S]ince involuntary HIV testing is strictly limited by statute and Penal Code section 1202.1 conditions a testing order upon a finding of probable cause, a defendant may challenge the sufficiency of the evidence even in the absence of an objection. Without evidentiary support the order is invalid." (People v. Butler (2003) 31 Cal.4th 1119, 1123.)

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