P. v. Tallerino
Steve Tallerino appeals from the order revoking his probation and ordering the execution of a previously suspended five-year prison sentence. (Pen. Code, § 1203, subd. (a).)[1] He contends that the probation condition prohibiting his ownership, use or possession of "any type of toy, video game or similar item designed for the purpose of entertainment/attraction of children, without the approval from the probation officer" is unconstitutionally vague and overbroad, and that there is not sufficient evidence to support the trial court's finding that he violated probation. We conclude that appellant waived the constitutional claim because he failed to appeal the order which imposed the challenged probation condition, and he did not challenge it at sentencing. We affirm.
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