P. v. Scherer CA4/2
Defendant and appellant William Christopher Scherer was found with methamphetamine in his possession for the purposes of sale and transportation. Pursuant to a plea to the court, defendant pleaded guilty to selling and transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)), possession of methamphetamine for sale (Health & Saf. Code, § 11378), and misdemeanor driving with a suspended license (Veh. Code, § 14601.1, subd. (a)). In return, the trial court suspended imposition of sentence and placed defendant on probation for a period of three years on various terms and conditions, including 180 days in county jail to be served on work release and payment of various fines and fees. On appeal, defendant argues five of the ordered fees were improperly imposed as conditions of probation. He further asserts the residence approval condition is unconstitutionally overbroad. For the reasons explained below, we will modify the judgment with directions.
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