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Name: People v. Quiroz
Case #: E051131
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/06/2011
Summary

Probation condition requiring the defendant to submit a record of income and expenses is not overbroad where it is imposed to monitor defendant’s compliance with an order for victim restitution. Quiroz pled guilty to vehicle burglary and was placed on three years of probation. A probation term required him to submit a record of his income and expenses to the probation officer as directed. On appeal, Quiroz maintained the reporting condition was unconstitutionally vague and overbroad. The trial court ordered victim restitution to serve the rehabilitative purpose of making Quiroz aware of the harm his offenses had caused and to require him to take responsibility for his actions. The condition mandating that he report his income and expenditures to the probation officer served the rehabilitative purpose of monitoring his progress in making restitution payments. Thus, the term was narrowly tailored and related to the compelling state interest in rehabilitation.

The reporting condition of probation was authorized by statute. Appellant contended that Penal Code section 1203.1, which allows a court to order a probationer to obtain work as a condition of probation did not authorize it to require appellant to report his expenditures. However, section 1203.1, subdivision (j) grants the court discretion to impose reasonable conditions of probation not otherwise listed.