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Name: People v. Perez
Case #: B213114
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/04/2009

A probation condition restricting access to courthouses was overbroad. Perez pleaded guilty to second degree robbery, and appealed a single condition of probation imposed which prohibited him from attending any court hearing or being within 500 feet of a court in which he was neither a defendant nor was subject to a subpoena. The appellate court found the probation condition overbroad and ordered it stricken. The prosecution did not provide a rationale for the probation condition. There was no evidence that Perez had threatened witnesses or loitered on courthouse property. The condition could prevent him from filing or appearing in a civil action, or voluntarily testifying in a case in which he was not subpoenaed. It could restrict his access to a variety of public agencies housed in a government complex. As such the condition was overbroad, and remand was required to allow the court to impose a narrower condition if it is deemed necessary.