People v. Drummond CA4/1

INTRODUCTION

Defendant Robert L. Drummond pleaded guilty to one count of abusing a cohabitant. Thereafter, the probation department filed a report recommending that the trial court place Drummond on formal probation for three years subject to several conditions, including a condition (hereafter, Condition 6(o)) requiring him to “[s]eek and maintain full-time employment … if directed by the [probation officer].” During sentencing, the court orally imposed a three-year term of formal probation and adopted “[e]verything” in the probation department’s recommendation. It also issued a written court order granting probation and imposing Condition 6(o) as set forth in the probation department’s recommendation. However, during sentencing, the court—using slightly different language—at times opined that Drummond needed to “get a job” as a condition of probation. Drummond appeals the judgment and contends the trial court imposed an unreasonable and invalid probation condition insofar as it ordered him to “get a job.” The People claim the court did not impose a condition requiring him to get a job (hereafter, a “Get a Job” condition); rather, it imposed Condition 6(o) as it was phrased in…