P.
P. v. Bermudez CA1/4
Opinion
Opinion
I.
INTRODUCTION
Appellant Abel Bermudez challenges two conditions of felony probation imposed following his conviction by jury for assault with a deadly weapon (Pen. Code, § 245, subd. (a)).1 He contends that the two conditions, limiting his association with known gang members and prohibiting him from applying any tattoos to his body, were unconstitutionally overbroad. We conclude that appellant‟s challenges have been forfeited by his failure to object below. Accordingly, we affirm the conditions of probation imposed.
1 All further statutory references are to the Penal Code, unless otherwise indicated.
II.
FACTUAL AND PROCEDURAL BACKGROUNDS2
On June 12, 2012,3 an amended information was filed by the Solano County District Attorney charging appellant with one count each of assault with a deadly weapon (§ 245, subd. (a)(1)), vandalism (§ 594, subd. (a)), driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a)), and driving while having a blood-alcohol content of .08 percent or higher (Veh. Code, § 23152, subd. (b)). The information also included special allegations, including that appellant committed the crimes alleged in counts one and two for the…