P. v. Loris CA6
Defendant Joseph Anton Loris was convicted by jury trial of felony assault with a caustic chemical (Pen. Code, § 244), felony vandalism with a noxious or caustic chemical (§ 594.4, subd. (a)), and felony vandalism (§ 594, subd. (b)(1)). The trial court granted him probation. On appeal, he contends that (1) his assault with a caustic chemical conviction is not supported by substantial evidence, (2) the prosecutor committed prejudicial misconduct, (3) a probation condition barring him from possessing “weapons or things that could be used as a chemical-type weapon” is unconstitutionally vague and overbroad, and (4) a stay-away order is unconstitutionally vague because it does not identify how far away he must stay from the location of the assault and vandalism. We modify the probation condition and the stay-away order, but we reject defendant’s other contentions.
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