Connors
People v. Connors
Opinion
Opinion
Mihara, J.
Defendant James Connors was on probation for a sex offender registration violation. One of the conditions of his probation barred him from associating with probationers. He associated with a probationer, and the court found him in violation of his probation. It revoked and reinstated his probation with additional conditions, including one barring him from possessing sexually explicit materials.
On appeal, defendant claims that (1) his association with a probationer could not reasonably be found to be a violation of his probation because the probationer was his new girlfriend, and (2) the sexually explicit materials probation condition was unreasonable and unconstitutionally vague and over-broad, and it needed a knowledge requirement. We conclude that defendant forfeited his reasonableness challenge to the association condition by failing to object to that condition on reasonableness grounds when it was imposed. With respect to the sexually explicit materials condition, we modify this condition to require that defendant be made aware of what items fall within its scope.
I. Background
Defendant was convicted of sexual battery (Pen. Code, § 243.4) in 1992 and was…