P. v. Rodriguez
In a negotiated disposition, defendant Jorge Rodriguez pleaded no contest to carrying a loaded firearm in a public place (Pen. Code, § 25850, subd. (a)(2))[1] and misdemeanor street terrorism (§ 186.22, subd. (a)) and admitted a special allegation that he knew or reasonably should have known that the firearm was stolen (§ 25850, subd. (c)(2)). The trial court suspended imposition of sentence and placed him on felony probation for three years. On appeal, defendant challenges four of his probation conditions as unconstitutionally vague and/or overbroad. We conclude that the “stay-away†condition is impermissibly vague but reject defendant’s other contentions. We reverse the order and remand the case to permit the trial court to clarify the stay-away condition.
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