Laduke

People v. Laduke

Good Law
241 Cal. Rptr. 3d 187·30 Cal. App. 5th 95
Court of Appeal of CaliforniaDecember 14, 2018D072597California3,139 words

Opinion

Lead Opinion

Huffman, J.

*189 *97 Richard L. LaDuke appeals a judgment following his jury conviction of arson ( Pen. Code, 1 § 451, subd. (d) ), vandalism of a religious educational institution (§ 594.3, subd. (a) ), and felony vandalism causing over $400 in damage (§ 594, subds. (a), (b)(1) ). At sentencing, the trial court granted him three years of formal probation, subject to certain conditions of probation. On appeal, he contends: (1) there is insufficient evidence to support his conviction for vandalism of a religious educational institution (§ 594.3, subd. (a) ); (2) that conviction must be reversed because section 594.3, subdivision (a) is unconstitutional under the United States and California Constitutions; (3) his conviction for felony vandalism causing over $400 in damage (§ 594, subds. (a), (b)(1) ) must be reversed because it is a necessarily included offense of vandalism of a religious educational institution (§ 594.3, subd. (a) ); and (4) the electronics search condition of his probation is unconstitutionally overbroad. Because, as discussed post , we conclude the electronics search probation condition is unreasonable in this case, we modify the probation order to strike that condition and…

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