P.
P. v. Martin CA4/1
Opinion
Opinion
Nares, J.
INTRODUCTION
In these two consolidated appeals—D060453 (Martin I) and D061667 (Martin
II)—Todd David Martin claims that (1) certain terms of his probation that the court found
he had violated were improperly imposed because they were either unreasonable or
unconstitutionally vague and/or overbroad; (2) even if they were properly imposed, the
evidence presented at the two probation revocation hearings was insufficient to support
the court's findings he had violated terms of his probation; and (3) after it revoked Martin's probation the second time, the court abused its discretion when it lifted the stay
on the execution of the three-year prison sentence the court imposed after it revoked
probation the first time because (he claims) any probation condition violations he
committed were "de minimis and not wilful [sic]." We affirm the judgments.
FACTUAL AND PROCEDURAL BACKGROUND
A. Martin's Underlying Conviction and Initial Terms of Probation
1. Facts of Martin's offense1
On March 5, 2009, police officers went to Martin's home for the purpose of
investigating his possible participation in a series of rapes and robberies in the Carmel