P. v. Robles
The defendant in this case, David Robles, pleaded guilty to petty theft with a prior enumerated offense that resulted in incarceration (Pen. Code, 666; see id., 484, subd. (a)) and admitted having served a prior prison term ( 667.5, subd. (b)). The trial court sentenced him to the upper term of three years for the aggravated petty theft offense and imposed a one-year sentence for the prior prison term enhancement. It stayed execution of sentence and placed defendant on probation subject to a number of conditions, including service of 365 days in jail.
On appeal, defendant contends that some of the probation conditions the trial court imposed are invalid and that if we find his claims regarding them forfeited, counsel was ineffective for failing to raise them in the court below.
Court agree with defendant in part and disagree in part. We agree that the language of some of the probation conditions he challenges is inartfully drafted and imposes requirements on him that are constitutionally dubious or infirm. Court resolve the problem by directing the trial court to modify the language of those conditions in accordance with constitutional and state law norms. Court otherwise affirm the judgment.
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