Holzmann

People v. Holzmann

Good Law
18 Cal. App. 5th 1241·227 Cal. Rptr. 3d 409
Court of Appeal of CaliforniaJanuary 5, 2018H044507California1,867 words

Opinion

lead Opinion

Grover, J.

*1243 Defendant Jason Alan Holzmann was convicted of stalking ( Pen. Code, § 646.9, subd. (a) ) and granted probation. He contends that one of the conditions of his probation-an order that he stay away from the Apple Computer campus in Cupertino-is unconstitutionally vague because it does not specify a distance. As we will explain, a probation condition ordering someone to stay away from a particular location need only express the obligation it imposes in ordinary and understandable terms. The Constitution does not require more. We will affirm the probation order.

I. BACKGROUND

Defendant pleaded no contest to stalking his ex-wife in violation of Penal Code section 646.9, subdivision (a). As part of a negotiated disposition, the District Attorney agreed to dismiss several misdemeanor charges involving a trespass on the Apple campus in Cupertino in exchange for defendant's no contest plea to the stalking charge. Defendant was granted probation for a period of five years. One of the conditions of probation imposed by *411 the trial court is that defendant "stay away from the Apple campus." 1 *1244 II. DISCUSSION

Defendant contends that the probation condition ordering him to "stay…

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