P. v. Harvey CA3
After he was convicted of theft from an elder or dependent adult, defendant Phillip Alan Harvey appeals a number of the mandatory supervision conditions imposed on him.
Specifically, he contends: (1) the conditions requiring him to maintain a residence as approved by the probation officer (condition 4), to obtain written permission from his probation officer before leaving the state (condition 6), and prohibiting him from living in any residence with anyone over the age of 50 years old (condition 66) are unconstitutionally overbroad and vague, and infringe on his constitutional rights to travel and association; (2) the condition prohibiting him from associating with anyone known to be on mandatory supervision, parole or probation, except with the probation officer’s permission (condition 5), is overbroad in that it may include his wife or family members; and (3) the condition compelling him to take prescribed medication is unconstitutionally overbroad (condition 40). The People
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