Garcia

Pursuant to a plea agreement, appellant David Garcia pled no contest to one count of petty theft with a prior conviction (Pen. Code, §§ 666/488) and, in an unrelated municipal court case, single counts of driving with a suspended license (Veh. Code, § 14601.2) and alcohol-related reckless driving (Veh. Code, § 23103.5). The court placed appellant on probation for two years and imposed various conditions of probation. In the unpublished portion of this opinion, we will conclude that the court did not err in imposing a probation condition requiring narcotics testing. In the published portion, we will conclude that the probation condition that appellant not associate with any felons, ex-felons or users or sellers of narcotics was unconstitutionally overbroad. Accordingly, we will modify the judgment and otherwise affirm.

Facts

Appellant pled no contest to the theft of a handgun. At the preliminary hearing, the victim testified that she and appellant lived together. She testified further that one morning appellant “came [into her bedroom] and walked over [her] on the bed, being . . . very intoxicated, grabbed the gun. . . . He . . . left ... the house. And that’s when it…