P. v. Olascoaga CA4/1
Jose Olascoaga pleaded guilty to unlawfully exhibiting a firearm in a threatening manner to an occupant of a motor vehicle (Pen. Code, § 417.3) and exhibiting a deadly weapon, a misdemeanor (§ 417, subd. (a)(1)). As part of a negotiated plea, the trial court sentenced Olascoaga to three years of probation and 20 days of public work service. Upon successful completion of probation, the court agreed to dismiss the felony section 417.3 charge on the condition that if Olascoaga violated any condition of probation he would subject himself to up to three years in prison and four years of parole.
Olascoaga challenges 10 probation conditions as unconstitutionally vague and overbroad. Additionally, he challenges three conditions as unreasonable under People v. Lent (1975) 15 Cal.3d 481, 486 (Lent). As we shall discuss, we agree with his Lent challenges but reject his constitutional challenges.
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