Moran

People v. Moran

Good Law
1 Cal. 5th 398·2016 Cal. LEXIS 6384·205 Cal. Rptr. 3d 491·376 P.3d 617
Supreme Court of CaliforniaAugust 4, 2016S215914California3,611 words

Opinion

Opinion

Werdegar, J.

We granted review in this case to consider the Court of Appeal’s ruling that a probation condition prohibiting defendant Jeffrey Michael Moran from entering the premises or adjacent parking lot of any Home Depot store in California violates his constitutional right to travel. Because we find no such constitutional violation, we reverse the judgment of the Court of Appeal.

I. Facts

Defendant Moran entered a Home Depot store in San Jose, placed items valued at $128 in his backpack, and left the store without paying. Confronted by store security, he admitted the theft and explained that he had hoped to resell the stolen items. He later pleaded no contest to second degree burglary and having served a prior prison term for vehicle theft (Pen. Code, §§ 459, 667.5, subd. (b)), in exchange for an indicated sentence of probation on conditions including a year in jail and, at issue here, the condition that he not “go on the premises, parking lot adjacent or any store of Home Depot in the State of California.” He did not object to these conditions.

On appeal, the Court of Appeal found that “[ajlthough . . . there is an obvious nexus between appellant’s crime and the probation…

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