P. v. Ortiz
Defendant Louis Fernando Ortiz was charged by felony complaint with second degree robbery (Pen. Code, 211-212.5, subd. (c)). Pursuant to a negotiated plea agreement, defendant pleaded no contest to the robbery charge and admitted that he committed the offense for the benefit of a criminal street gang ( 186.22, subd. (b)(1)(C)). The trial court suspended imposition of sentence and placed defendant on probation for three years with various terms and conditions. Among other things, the trial court ordered defendant (1) to submit to chemical testing as directed by the probation officer, (2) to abstain from the use of drugs and alcohol and to stay away from places where alcohol is the chief item of sale, (3) to submit to an official search of his personal property at any time, and (4) to refrain from appearing at court proceedings except in limited circumstances. On appeal, defendant contends that these conditions are invalid and must be stricken from the probation order. Court agree that the chemical testing and alcohol conditions must be stricken. Additionally, Court modify the court appearance condition to comply with constitutional standards. Court will affirm the judgment as so modified.
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