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Name: People v. O’Neil
Case #: A117078
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/13/2008

A condition of probation that defendant may not associate with persons designated by probation officer was overly broad. O’Neil was placed on probation with a suspended sentence following a plea to possession for sale of LSD and psilocybin mushrooms. One of the conditions of probation imposed over his objection was that he not associate with any person as designated by the probation officer. The probation officer said that the provision was a “standard” term of probation in the county. The appellate court remanded the matter to the trial court to strike or revise the condition of probation. A probation condition prohibiting appellant from associating with known drug users would be reasonable in this case, but the condition imposed here was overbroad. The condition did not require O’Neill to know what persons had been designated by the probation officer. And there was no limit on those persons whom the probation officer may prohibit him from associating with. The condition here had no standard by which the probation department was to be guided and was therefore overbroad.