O'NEIL

People v. O'NEIL

Good Law
165 Cal. App. 4th 1351·2008 Cal. App. LEXIS 1233·81 Cal. Rptr. 3d 878
Court of Appeal of CaliforniaAugust 13, 2008A117078California2,307 words

Opinion

Opinion

Pollak, J.

Defendant Ryan Anthony O’Neil, convicted on a plea of guilty to the possession for sale of illegal narcotics, challenges the validity of a condition of his probation forbidding him from associating with persons designated by his probation officer. We agree that as stated the condition is too broad, but the defect can be corrected by the inclusion of more precise language.

Factual and Procedural Background

Defendant was charged by information with four felony counts: possession of psilocybin mushrooms for sale (Health & Saf. Code, § 11378), possession of LSD for sale (ibid.), transportation of psilocybin mushrooms (Health & Saf. Code, § 11379), and transportation of LSD (ibid.). Pursuant to a negotiated disposition, he pled guilty to the first two counts and the remaining counts were dismissed. The trial court suspended imposition of sentence and placed defendant on probation for three years subject to a number of conditions, including time in county jail.

One of the conditions, recommended by the probation officer and included in the terms of probation over defendant’s objection, condition No. 13, reads as follows: “You shall not associate socially, nor be present at…

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