People v. Poirier CA4/1

STATEMENT OF FACTS

Since this appeal does not challenge either the sufficiency or admissibility of the

evidence supporting his conviction, we will offer only a very brief summary of the

offense.

On the early morning of November 1, 2013, two men broke into a gas station in La

Mesa. A review of the surveillance video revealed that Poirier's companion made entry

by throwing a stone through the station window. He entered and took various items of

property. The video also showed Poirier enter the station and leave carrying an

unidentified object.

All further statutory references are to the Penal Code unless otherwise indicated.

DISCUSSION

Poirier was placed on mandatory supervision based on various conditions. The

two conditions challenged here are:

"Follow such course of conduct that the Probation Officer ("P.O.") communicates to defendant."

"Obtain P.O. approval as to residence [and] employment."

Poirier did not object to these conditions in the trial court. He now contends the

conditions are constitutionally infirm as vague and overbroad. He does concede,

however, that the conditions are "reasonable." Thus Poirier contends he has not forfeited

the…