Does the Attorney General have any authority to modify a probation condition that refers to "frequent" or "visit or remain at"?

California, United States of America


The following excerpt is from People v. Berliner, H042305 (Cal. App. 2017):

materials are openly exhibited." He contends that the word "frequent" is unconstitutionally vague. The Attorney General concedes that the word "frequent" is unconstitutionally vague and suggests a modification that replaces "frequent" with "visit or remain at . . .." In People v. Leon (2010) 181 Cal.App.4th 943, this court held that a probation condition's use of " 'frequent' " was unconstitutionally vague, and we modified the condition to replace " 'frequent' " with " 'visit or remain in . . . .' " (Id. at p. 952.) We do the same here.

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