People v. Dang CA6

BACKGROUND

Defendant was charged with possession of methamphetamine for sale (Health & Saf. Code, § 11378) and possession of less than an ounce of marijuana (Health & Saf. Code, § 11357, subd. (b)). The charges were based on evidence seized after a traffic stop. His motion to suppress the evidence was denied. Defendant then entered a plea of no contest in light of an indicated sentence of 165 days in county jail, with eligibility for all programs. The probation department recommended a number of probation conditions, including those challenged here.1 The court imposed the indicated sentence, placing defendant on probation with 165 days in county jail on conditions including those at issue.2 Defendant filed this timely appeal.

DISCUSSION

Defendant contends that the challenged conditions are unconstitutionally vague and overbroad in the absence of language clarifying that he cannot be found in violation of them unless he knew of the circumstances bringing his conduct within the prohibition. Respondent acknowledges that defendant cannot be found in violation of the conditions unless he violates them willfully, but disputes the necessity to include an express requirement of guilty…