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The People v. Richard Allen Johnson

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama)


July 19, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
RICHARD ALLEN JOHNSON, DEFENDANT AND APPELLANT.

(Super. Ct. No. NCR82468)

The opinion of the court was delivered by: Butz , J.

P. v. Johnson CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Richard Allen Johnson pleaded guilty to possessing methamphetamine and driving without a license, and received a two-year state prison sentence less a six-month term of supervised probation on various conditions, including that he "not associate with drug or illegal substance abusers or be in any place where illegal drugs are used or sold."

On appeal, defendant contends the probation condition requiring that he not associate with abusers of illegal drugs or be in any place where illegal drugs are present is unconstitutionally vague and overbroad since it does not contain any requirement that he know of the presence of illegal drugs and/or the use and abuse of illegal substances. The People concede the issue.

DISCUSSION

We agree: A probation condition must be sufficiently precise for the probationer to know what is required of him. (In re Sheena K. (2007) 40 Cal.4th 875, 890.) A condition that is not sufficiently precise is unconstitutionally vague and violates due process under the federal and California Constitutions. (Sheena K., at p. 890.)

We agree with the parties that the probation condition that defendant neither associate with drug or illegal substance abusers nor be in any place where illegal drugs are used or sold lacks the requirement that defendant know that the individuals use or abuse drugs or illegal substances or know that such drugs are present in a particular place. Therefore, the condition must be modified to include the element of knowledge.

DISPOSITION

The matter is remanded to the trial court to modify the challenged probation condition to include the element of knowledge. In all other respects, the judgment is affirmed.

We concur: BLEASE , Acting P. J. NICHOLSON , J.

20120719

© 1992-2012 VersusLaw Inc.



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