Moore

People v. Moore

Good Law
19 Cal. App. 5th 889·228 Cal. Rptr. 3d 261
Court of Appeal of CaliforniaJanuary 23, 2018D071803California2,578 words

Opinion

lead Opinion

Benke, J.

*890 A jury found Jimmy Moore guilty of one count of possession of a controlled substance in violation of *891 Health and Safety Code section 11377, subdivision (a) and two counts of vandalism in violation of Penal Code 1 section 594, subdivision (a), and found true an allegation that he caused damage of more than $400, pursuant to section 594, subdivision (b)(1). The superior court sentenced him to three years of formal probation. Among other conditions of Moore's probation, the court required him to submit to warrantless searches of his person, vehicle, residence, property, personal effects, computers and recordable media, and to obtain his probation officer's approval as to his residence and employment.

On appeal, Moore asserts the trial court erred by refusing to instruct the jury regarding voluntary intoxication as a defense to the vandalism charges, and that the electronic search and residence and employment approval conditions are unconstitutionally overbroad. We conclude the trial court correctly determined voluntary intoxication is not a defense to vandalism. Further, we determine Moore has forfeited his arguments regarding the conditions of his probation. We therefore…

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