P. v. Thomas
Defendant Nathan Thomas was convicted after a court trial of first degree burglary (Pen. Code, § 459).[1] He was placed on probation for a period of three years with imposition of sentence suspended. On appeal, he argues insufficient evidence supports his conviction of first degree burglary, because the garage he entered was detached from the residence and was therefore not a part of the inhabited dwelling. He also claims the condition of his probation requiring him to stay away from the victim and the home he had burglarized is unconstitutionally vague and overbroad, because it fails to specify a specific distance, lacks a knowledge requirement, and infringes on his right to travel. We modify the probation condition to specify distance. As modified, we affirm the judgment.
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