P. v. Albertson CA4/1
A jury found James Michael Albertson guilty of vehicular burglary. (Pen. Code, § 459.) The trial court imposed a split sentence of four years in jail followed by three years of mandatory supervision. (Pen. Code, § 1170, subd. (h)(5).)
Albertson appeals, contending we must reverse the judgment because the court erred by failing to sua sponte instruct the jury on the lesser included offense of vehicle tampering. (Veh. Code, § 10852.) He also contends two conditions of the order granting him mandatory supervision are unconstitutionally overbroad: one requiring probation officer approval of his residence and one requiring him to report contacts with law enforcement to his probation officer.
We conclude Albertson has not established the evidence before the court warranted an instruction on vehicle tampering. We further conclude he has not established the challenged conditions of mandatory supervision were overbroad. We therefore affirm the judgment and order.
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