Murillo

In this case, we conclude that a probation condition requiring the probationer to take any and all medication prescribed by her doctor is unconstitutionally vague and overbroad.

Defendant Angelina Marie Murillo pleaded no contest to unlawful sexual intercourse with a minor. (Pen. Code, § 261.5, subd. (c).) [1] Under a plea agreement, the court dismissed a prior strike conviction allegation and placed her on probation. Among her conditions of probation, defendant was barred from possessing or consuming alcohol or being where alcohol is the major item sold. She was also required to enter and complete counseling and take any and all medication prescribed by her doctor. On appeal from the judgment, defendant challenges the alcohol-related condition and the requirement that she take prescribed medication.

(1) We agree that the medication requirement is defective, reverse the judgment, and remand the case for the court to reconsider it.

At 8:30 a.m. on June 23, 2007, a San Jose Police Department officer served a warrant at the residence of the 16-year-old male victim. At the time, the officer observed that defendant, who is 21 years old, and the victim were lying…