People v. Gormley CA4/2

I.

INTRODUCTION

A jury convicted defendant and appellant Brian Edward Gormley of felony

vandalism (Pen. Code,1 § 594, subd. (b)(1)). The trial court thereafter placed defendant

on probation for a period of 24 months, subject to various terms and conditions. One

condition required defendant to “[p]articipate and complete at [his] expense any

counseling, rehabilitation/treatment program deemed appropriate by probation officer.”

On appeal, defendant contends the above probation condition violates the separation of

powers doctrine by delegating judicial authority to the probation department. He also

argues that the same probation condition be modified to remove the requirement that he

pay the cost of counseling or a rehabilitation/treatment program. We agree the challenged

probation condition must be modified but otherwise affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

On June 25, 2022, defendant visited Morongo Casino. Defendant struck the glass

of a slot machine with his hand, causing the screen to shatter. When confronted by a

casino security officer, defendant admitted causing the damage and stated he had used his

left hand to punch the machine. A…