Oregon Appellate Ct - Jan. 21, 2016

by: Abassos • January 21, 2016 • no comments

Probation Condition - Overbreadth - Ban On Spending More Than $250.00 Without Permission Is Not Overbroad and Is Reasonably Related to Gambling/Theft

State v Bell, 276 Or App 21 (2016).

Probation Condition - Overbreadth - Ban on Traveling Outside County of Residence Overbroad and Not Reasonably Related to Gambling/Theft

Probation Condition - Overbreadth - Ban on Traveling Into County of Crime Is Overbroad in a Stalking Case

Defendant's probation condition for violation of a stalking order was overbroad in prohibiting her from being in Lincoln County north of Cape Foulweather. The geographic limitation is rendered superfluous by a separate no-contact provision. And the condition prohibits her from using the only major north-south road through the county and from going to popular areas unrelated to the crime, including Lincoln City and Depoe Bay. As such, the condition is overbroad. State v Hurita, 276 Or App 58 (2016).