P.

P. v. Johnson CA6

Good Law
Court of Appeal of CaliforniaApril 12, 2013H037677California1,853 words

Opinion

Opinion

Mihara, J.

I. Statement of Facts

The facts of the underlying offenses are not included in either the reporter‟s transcripts or the probation report. However, comments made at the sentencing hearing indicate that defendant vandalized a police vehicle during “an Occupy protest.” According to the trial court, “[h]e began yelling and viciously started grinding his teeth against the hood of the patrol vehicle by whipping his face repeatedly left and right, purposely trying to damage the patrol vehicle.”

II. Discussion

Defendant contends that trial counsel rendered ineffective assistance by failing to object to the medication probation condition on the ground that it was not reasonably related to the offense. The probation report stated in relevant part: “Based on the defendant‟s criminal history, depicting numerous arrests for public intoxication and violent related behavior, including his behavior in today‟s matter, this officer recommends full substance abuse orders including search, seizure, testing, and counseling as well as anger management counseling. Mental Health conditions are also recommended based on the Department 64 supervision recommendation.” The probation report further noted…

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