Petty

People v. Petty

Bad Law
154 Cal. Rptr. 3d 75·2013 Cal. App. LEXIS 143·213 Cal. App. 4th 1410
Court of Appeal of CaliforniaJanuary 28, 2013No. A130605California6,032 words

Opinion

Lead Opinion

Richman, J.

*1412 Opinion

After pleading guilty to felony grand theft (Pen. Code, § 487, subd. (a)), 1 Nicholas Daniel Petty challenges on appeal two of the conditions of his probation, namely that he take antipsychotic medications at the direction of his mental health worker and that he stay at least 50 yards from the victim’s home. He also challenges the legality of a stay-away order prohibiting him from coming within 100 yards of the victim or her daughter.

Resolution of the first question requires us to consider the applicability of our prior decision in In re Luis F. (2009) 177 Cal.App.4th 176 [ 99 Cal.Rptr.3d 174 ] (Luis F.) to an adult probationer. In Luis F. we upheld the juvenile court’s power to require psychotropic medication as a condition of juvenile probation. But in the present case we conclude the medication condition of probation must be stricken due to lack of a medically informed showing that the condition is reasonably related to defendant’s crime or future criminality. We affirm the 50-yard restriction on defendant’s approach to the victim’s home and the stay-away order, as modified.

FACTS

In August 2010 the victim and her husband returned home to Novato from separate…

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