People v. Vasquez CA6

INTRODUCTION

Defendant Renee Vasquez pleaded no contest to possessing a short-barreled rifle and street terrorism. The trial court suspended imposition of sentence and placed defendant on three years of formal probation with various terms and conditions. On appeal, defendant challenges a condition prohibiting him from changing his residence outside of Monterey County or leaving California without the permission of the probation officer. He also challenges a condition restricting him from obtaining new tattoos. For the reasons stated below, we will strike the residence condition, but will otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Underlying Offense, Charges, and Plea1

On January 28, 2014, Salinas police officers responded to a dispatch call reporting a drive by shooting. The officers conducted an area check and found the suspect vehicle as well as defendant and another individual, Augustine Lopez, walking away from it. Lopez was arrested at the scene. Defendant fled the scene, but the officers later found him hiding in a planter box. The officers took defendant into custody. The police officers contacted the victims at their home. The victims indicated that…