GARDINEER
People v. GARDINEER
Opinion
Opinion
Sims, J.
Defendant Michael Feeney Gardineer was sentenced to state prison after the trial court revoked his probation because he violated a domestic violence restraining order.
Defendant appeals, contending (1) the condition of probation that he violated, which required him to “observe good conduct,” is unconstitutionally vague; (2) there was insufficient evidence that he knew of the terms and conditions of the restraining order so that he could not have willfully violated it; and (3) the trial court unlawfully increased the amount of his restitution fine upon revocation of probation.
In the published portion of the opinion, we shall conclude defendant waived any defect in the contested condition of probation because he failed to object to it when it was imposed. In the unpublished portion, we shall conclude substantial evidence shows defendant knew of the restraining order, and we shall accept the Attorney General’s concession that the amounts of defendant’s restitution fines were unlawfully increased. We shall therefore modify the amounts of the restitution fines but otherwise affirm the judgment.