People v. Toro CA4/2

INTRODUCTION

A jury convicted defendant and appellant Bryan Carranza Toro of infliction of

corporal injury resulting in a traumatic condition. (Pen. Code,1 § 273.5, subd. (a).)

The trial court placed him on felony probation for a period of three years.

On appeal, defendant contends: (1) his term of probation should be reduced to

two years pursuant to Assembly Bill No. 1950 (Assem. Bill 1950); and (2) the

probation condition requiring him to report any law enforcement contacts within

hours is constitutionally vague and overbroad. We agree that the probation condition

is vague and overbroad and remand the matter for modification consistent with this

opinion. In all other respects, we affirm the judgment.

FACTUAL BACKGROUND2

Defendant and his ex-girlfriend (the victim) went to the fair, and after they

returned, got into an argument. During the argument, defendant punched the victim in

the face, causing her nose to bleed and swell.

DISCUSSION

I. Defendant’s Offense is Exempted from Assembly Bill 1950

Defendant contends his probation term should be reduced from three years to

two years under Assembly Bill 1950, which he argues applies retroactively to him.

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