P. v. Valery CA1/4
A jury convicted Jamariel Valery of conspiracy to commit a felony (Pen. Code, § 182, subd. (a)(1) [Count 1]) and carrying a loaded, unregistered firearm in a vehicle (§ 25850, subds. (a) & (c) [Count 5]), and found true the related gang enhancements. The trial court suspended imposition of sentence and placed him on probation for three years, subject to various conditions. Valery contends the condition requiring him to obtain his probation officer’s permission before changing his place of residence or traveling out of state (residency/travel condition) is invalid under People v. Lent (1975) 15 Cal.3d 481 (Lent) and unconstitutionally overbroad. The Attorney General states, and Valery concedes, that the stay of probation on Count 1 constitutes an unauthorized sentence. We agree that the stay of probation on Count 1 must be vacated. As modified, we affirm the order of probation.
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