People v. Stonebreaker CA4/1

Good Law
Court of Appeal of CaliforniaJuly 26, 2016D069260California820 words

Opinion

Opinion

Huffman, J.

STATEMENT OF FACTS

On September 1, 2015, Stonebraker and her boyfriend, Wayne Bowling, were in

their apartment. Stonebraker began pushing Bowling, which caused him to fall over

backwards and hit his head. Bowling was unconscious for an unknown period of time.

DISCUSSION

Without objection, the trial court imposed a condition of probation that

Stonebraker get approval from the probation officer of her employment and her

residence. The challenged condition was not discussed by the court, and it is not

addressed in the body of the probation report. What we can glean from the probation

report is that Stonebraker is disabled due to her mental condition, receives disability

payments and has not been employed since 2013. There is no discussion in the report

about concerns regarding any choice of residence she might make. The court did issue a

restraining order to prevent the defendant from contacting the victim.

A. Legal Principles

We independently review a challenge to the constitutionality of probation

conditions. (People v. Cromer (2001) 24 Cal.4th 889, 899-902; In re Shaun R. (2010)

188 Cal.App.4th 1129, 1143.)

Ordinarily, failure to object to a proposed condition of…

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