P. v. Hassett CA4/1
A jury found Robin Hassett guilty of one count of using tear gas, not in self-defense, in violation of Penal Code section 22810, subdivision (g). The court then declined to reduce the charge to a misdemeanor pursuant to section 17, subdivision (b), and sentenced her to probation for a term of three years. On appeal Hassett argues the prosecutor committed misconduct, the court erred in refusing to reduce the charge to a misdemeanor, and a condition in the terms of her probation that requires her to obtain approval from her probation officer as to her residence and place of employment is unconstitutionally overbroad. We agree the probation condition is unconstitutionally overbroad, remand the matter with instructions to the superior court to strike the condition from the terms of Hassett's probation, and affirm the judgment in all other respects.
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