P. v. Young
Defendant Drew Roy Young stole various items from a home where his father and sister lived, and from the home of his brother’s landlord. He later sold these items to a pawn shop to pay debts incurred for drugs. He was charged with numerous crimes in two separate cases, but eventually pleaded no contest to two counts of grand theft (Pen. Code, § 487, subd. (c))[1] and one count of commercial burglary (§ 459). He also admitted to a probation violation in one of the cases. The trial court suspended imposition of sentence and placed defendant on three years felony probation, after which he filed a timely notice of appeal.
On appeal, defendant contends that several of his probation conditions are unconstitutionally vague and require modification. He also argues that insufficient evidence supported the trial court’s order that he pay certain probation-related fees. And he claims that he is entitled to additional presentence conduct credit under the January 2010 version of section 4019. In the alternative, he argues that principles of equal protection compel the retroactive application of the October 2011 version of section 4019 to grant him additional conduct credits.
For the reasons set forth below, we modify several of the challenged probation conditions, remand to the trial court to determine defendant’s ability to pay probation-related fees, and modify the judgment to grant defendant 188 days of conduct credit under the January 2010 version of section 4019.
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