Filed 12/14/05 P. v. Romayor CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

Defendant John A. Romayor pleaded guilty to one count of second degree burglary (Pen. Code, §§ 459-460, subd. (b)).[1] The court suspended imposition of sentence and ordered probation for three years. As one of the conditions of probation, the court ordered that defendant take all prescribed medications (which, impliedly, included Prozac prescribed for depression). Although he did not object below, defendant now claims that the court abused its discretion by imposing this probation condition. Defendant argues that the requirement that he take psychotropic medications impacts a fundamental right and that there was no compelling need established below that justified the probation condition. He therefore requests that we strike the probation condition and otherwise affirm.

We conclude that defendant waived this claim of error by failing to object below and that, in any event, there was no error. We therefore affirm the judgment.

FACTS[2]

On July 2, 2004, at approximately 5:00 p.m., a burglary took place at the Muslim Community Association (Association) located on Scott Street in Santa Clara. The burglar gained access to the bookstore and removed approximately $500.00 from the cash register. A surveillance video documented the theft.

On November 13, 2004, officers from the Santa Clara Police Department responded to a burglary in progress at the same location. (The response was triggered by both a security alarm at the bookstore and a telephone call from a member of the Association.) Prior to arrival by the police, defendant was detained by the building manager of the Association, who recognized defendant as the same person captured on the surveillance video of the July burglary. During a search of defendant, the police discovered (among other things) two large flathead screwdrivers and other screwdrivers. The size of the large screwdrivers matched pry marks found on the doors of the bookstore.

The arresting police officer noted that defendant behaved strangely throughout the investigation. The officer also noted that defendant told him that he had been prescribed Prozac for depression, but that he â€