Adams

People v. Adams

Bad Law
1990 Cal. App. LEXIS 1101·224 Cal. App. 3d 705·274 Cal. Rptr. 94
Court of Appeal of CaliforniaOctober 11, 1990E007063California3,059 words

Opinion

Opinion

Hollenhorst, J.

Defendant challenges certain conditions imposed pursuant to a grant of probation after he pled guilty to one count of arson. Specifically, he contends (1) the condition requiring him to register with the chief of police where he resides, pursuant to Penal Code section 457.1, is improper because the court failed to state on the record its reasons for finding the arson was the result of compulsive behavior and further that there is no evidence of compulsive behavior; and (2) the condition that defendant submit to warrantless searches is invalid. He also challenges the order requiring him to reimburse the probation costs as being invalid because defendant was not afforded his right to a separate hearing on his ability to pay. We affirm the order granting probation but reverse the order for reimbursement of probation costs.

Facts

On December 8, 1988, the Hesperia Fire Department was called to investigate five separate vegetation fires in Hesperia. Witnesses provided the officers with the license plate of a suspect vehicle which the officers began to pursue. The vehicle sped from the scene but the officers were eventually able to effectuate a felony stop, and defendant was…

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