Hackler

In the published portion of this opinion we hold that a condition of probation was unreasonably overbroad and invalid. The condition required the appellant, convicted of shoplifting beer from a supermarket, to wear an outer garment bearing a bold, printed statement of his status as a felony theft probationer. The requirement applied whenever the probationer was outside his actual living quarters. In the unpublished portion of the opinion we further hold that the trial court deprived appellant of his due process right to written notice that he was charged with having violated the probation condition and that the court erred when it denied appellant’s motion for continuance of the probation revocation hearing. We reverse the order revoking probation and the judgment of sentence.

Background

On December 5,1989, appellant Russell Allen Hackler pleaded guilty to a single count of petty theft with a prior robbery conviction (Pen. Code, § 666). He also admitted a prior prison term enhancement allegation (§ 667.5, subd. (b)). Hackler and another man were apprehended when each took two 12-packs of beer from a store without paying for them.

On January 2, 1990, the court offered…