P. v. Cervantes CA4/2
Defendant and appellant Jose Francisco Cervantes beat his girlfriend during an argument. Pursuant to a plea agreement, defendant pled no contest to infliction of corporal injury on a cohabitant within seven years of a prior domestic violence conviction. (Pen. Code, § 273.5, subds. (a) & (f)(1).) In return, defendant was placed on formal probation for a period of three years with various terms and conditions of probation. On appeal, defendant challenges four of his probation conditions, claiming they are unconstitutionally overbroad and/or vague, and should be stricken or modified. Specifically, he argues (1) the electronics-search condition is unconstitutionally overbroad because it impermissibly restricts his First and Fourth Amendment rights, and (2) the residential search condition, the weapons condition, and the change of residence condition are unconstitutionally vague and overbroad. We agree modification is required as to some of the challenged probation conditions, but r
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