People v. Bowman CA6

I. INTRODUCTION

Defendant Scarlett Charmine Bowman appeals after pleading no contest to transporting a controlled substance (Health & Saf. Code, § 11379, subd. (a)). She was placed on Proposition 36 probation (Pen. Code, § 1210.1) for 18 months. On appeal, defendant challenges a probation condition that requires her not to use, purchase, or possess alcoholic beverages and to stay out of places where alcohol is the main item of sale. She also challenges a probation condition that requires her not to use or possess narcotics, intoxicants, drugs, or other controlled substances without a prescription. Defendant contends these probation conditions are vague and overbroad because they do not include a knowledge element. We will modify the challenged probation conditions and affirm the judgment as modified.

II. BACKGROUND

On May 11, 2013, defendant was the passenger in a vehicle that was stopped by police for parking violations. Defendant, who was on probation, had a bindle of methamphetamine on her person. Defendant was charged with transporting a controlled substance (count 1; Health & Saf. Code, § 11379, subd. (a)) and possession of a controlled substance (count 2;…