P. v. Lizarraga CA4/1
Yomajara Lizarraga physically abused his girlfriend, M.T., repeatedly for nine months. He was charged with injuring M.T., a person with whom he had a dating relationship (Pen. Code, § 273.5, subd. (a); count 1), and false imprisonment of M.T. by violence (Pen. Code, § 236; count 2). He pled no contest to count 1 in exchange for dismissal of count 2. The trial court suspended imposition of sentence and granted Lizarraga a three-year term of formal probation.
Lizarraga appeals, challenging the imposition of certain probation conditions, fines and fees. He asserts that (1) the criminal protective order (“CPO”) and no contact probation condition were overbroad and violated his First Amendment right to free association, (2) the dangerous weapons probation condition is void for vagueness, and (3) the court erred in the imposition of fines and fees by failing to hold an ability to pay hearing, relying on an improper statute to determine ability to pay to all proposed fines and fees, an
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