P. v. Randolph
Pursuant to a plea agreement, defendant pleaded guilty to one count of corporal injury to a spouse; in return, the remaining two counts were dismissed. Defendant was thereafter placed on formal probation for three years on various terms and conditions. On appeal, defendant contends (1) the probation condition requiring him to submit to continuous monitoring by a Global Positioning System device or other device as directed by the probation officer is invalid, unreasonable, and unconstitutional; (2) the probation condition requiring him to submit to and cooperate in field interrogations is vague, overly broad, and infringes upon his Fifth Amendment right against self-incrimination; and (3) there was insufficient evidence to support the trial court’s finding that he had the ability to pay attorney fees and the cost of probation and presentence investigation fees. Court rejected these contentions and affirmed the judgment; however, court agreed with defendant that probation condition No. 10 conditioning probation on compliance with the payment schedule cannot be imposed as a condition of his probation and must be stricken.
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