People v. Harrison CA1/1

California Court of Appeal Oct 16, 2013 No. A138258MUnpublished

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Holding. The court modified the defendant's mandatory supervision condition regarding weapons to specify "deadly or dangerous weapons" and affirmed the judgment as modified, while rejecting the defendant's challenges to the search condition and claims of ineffective assistance of counsel.

Issues

Whether the weapons possession condition of mandatory supervision was unconstitutionally vague.
Whether the defendant forfeited her challenge to the search condition by failing to object at sentencing.
Whether trial counsel provided ineffective assistance by failing to object to the search condition.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The condition of defendant’s mandatory supervision barring her from possessing weapons is modified as follows: “Do not own or possess any firearm, ammunition or other deadly or dangerous weapons.””

“Generally, a defendant must object to any probation condition at sentencing.”

“It is simply not a basis for deeming trial counsel ineffective from a Sixth Amendment perspective.”

Filed 10/16/13 P. v. Harrison CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A138258 v. ANGELA MARIE HARRISON, (Napa County Super. Ct. No. CR162397) Defendant and Appellant. ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT1:

The opinion filed October 7, 2013, is hereby modified as follows:

1. On page 6, the last sentence of the opinion is deleted, and three sentences are added, which read:

The condition of defendant’s mandatory supervision barring her from possessing weapons is modified as follows: “Do not own or possess any firearm, ammunition or other deadly or dangerous weapons.” (Italics added.) As modified the judgment is affirmed.

1 Before Dondero, Acting P. J., and Banke, J.

Defendant’s petition for rehearing is hereby denied.

There is no change in judgment.

Dated: _____________________ __________________________ Dondero, Acting P. J.

Filed 10/7/13 (unmodified version) NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

People v. Harrison CA1/1

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

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DIVISION ONE

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