People v. Rojas CA4/1

FACTS

On July 3, 2013, Rojas entered a couple's apartment in Chula Vista, and early that

morning they found him inside drinking a soda. When the husband asked Rojas what he

was doing there, Rojas replied that he was hungry and cold. Rojas then left. Afterwards,

the couple realized that a jacket, a pair of gloves and a flashlight were missing from their

home.

Statutory references are to the Penal Code. A substantially similar issue is currently before the California Supreme Court. (People v. Schaeffer (2012) 208 Cal.App.4th 1, review granted October 31, 2012,

S205260.)

2 At trial, Rojas testified that he did not recall entering the couple's home or taking

their property. But he also acknowledged that from the beginning of 2013 he had been

abusing alcohol and various drugs, including methamphetamines, ecstasy, and marijuana.

DISCUSSION

A defendant's constitutional challenge to his or her probation condition is not

forfeited despite his or her failure to object at the time the condition was imposed. (In re

Sheena K. (2007) 40 Cal.4th 875, 879 ["An obvious legal error at sentencing that is

'correctable without referring to factual…