People v. Holzmann

Defendant pleaded no contest to stalking his ex-wife (Penal Code section 646.9(a)). As part of a negotiated disposition, the District Attorney agreed to dismiss several misdemeanor charges involving a trespass on the Apple campus in Cupertino in exchange for defendant’s no contest plea. Defendant was granted probation for a period of five years. One of the conditions of probation is that defendant “stay away from the Apple campus.” The court of appeal affirmed, rejecting an argument that the “stay away” order was unconstitutionally vague because it did not specify a distance. A probation condition ordering someone to stay away from a particular location need only express the obligation it imposes in ordinary and understandable terms. The Constitution does not require more. The law does not always succeed in expressing concepts in a clear and understandable way. But an order that someone “stay away” from an identified location is a simple command stated in plain language. View "People v. Holzmann" on Justia Law