People v. Stonebreaker CA4/1
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.)