Freitas

Following conviction of grand theft (Pen. Code, § 487, subd. (a)) upon a no contest plea, defendant Tony Freitas appeals from the probation order (§ 1237), contending the trial court imposed two probation conditions that are unconstitutionally vague and overbroad. We shall modify both conditions and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2008, defendant was charged with (1) grand theft (§ 487) and (2) second degree burglary (§ 459). Defendant entered a no contest plea as to the first count and a waiver under People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ], as to the second count (agreeing the second count would be dismissed but could be considered for sentencing purposes).

As disclosed by the probation report, defendant told law enforcement officers that on May 12, 2008, he was driving his vehicle when he saw someone he knew (Buck Day). Defendant gave Day a ride to a powerplant, where a third person was waiting, and helped Day load defendant’s vehicle with scrap metal. Defendant then drove the two men to another location, where they unloaded the scrap metal. Defendant was aware the powerplant had a video surveillance camera. He…