California v. GainesAnnotate this Case
Defendant Deron Gaines was charged by amended information with second degree vehicle burglary. It was further alleged defendant had suffered seven prior convictions (six felonies and a misdemeanor), and four prior prison terms. A jury found defendant guilty of vehicle burglary and felony theft, and the trial court found the prior conviction allegations to be true. The court sentenced defendant to a split sentence of four years in county jail and two years on mandatory supervision. Defendant challenged the conditions of his probation requiring that he may not: (1) go to any establishment where alcohol is the “chief item of sale,” (2) use or possess any “dangerous drugs,” and (3) own or possess any weapon that can be concealed on his person. Defendant argued these conditions were unconstitutionally vague and therefore violated his due process rights. After review, the Court of Appeal concluded that, with the exception of the trial court’s reference to “concealed weapons,” the challenged conditions were unconstitutionally vague. The Court therefore affirmed in part, reversed in part and remanded for further proceedings.