California v. LaDuke

Richard LaDuke appealed his conviction by jury of arson, vandalism of a religious educational institution, and felony vandalism causing over $400 in damage. At sentencing, the trial court granted him three years of formal probation, subject to certain conditions of probation. On appeal, he argued: (1) there was insufficient evidence to support his conviction for vandalism of a religious educational institution; (2) that conviction had to be reversed because Penal Code section 594.3 (a) was unconstitutional under the United States and California Constitutions; (3) his conviction for felony vandalism causing over $400 in damage had to be reversed because it was a necessarily included offense of vandalism of a religious educational institution; and (4) the electronics search condition of his probation was unconstitutionally overbroad. The Court of Appeal found the electronics search probation condition was unreasonable in this case, and modified the probation order to strike that condition. The Court affirmed in all other respects. View "California v. LaDuke" on Justia Law