People v. Stark CA4/1

STATEMENT OF FACTS

Stark does not challenge the admissibility or the sufficiency of the evidence

supporting his convictions, therefore a very brief summary of the offense is sufficient to

provide context for the discussion which follows.

On October 30, 2013, Stark and his codefendant Jose Cabrera sold

methamphetamine to an undercover police officer. After Stark was arrested police

searched a bag he had been carrying and found 4.95 grams of methamphetamine and

various items of drug paraphernalia.

DISCUSSION

At the time of sentencing, defense counsel addressed several of the proposed terms

and conditions of probation. Counsel and the court engaged in discussion of the

conditions and ultimately resolved any issues concerning the conditions which were

addressed. However, there was no discussion of the condition challenged in this appeal,

All further statutory references are to the Health and Safety Code unless otherwise specified. 2 perhaps because the condition was entirely clear to counsel and the defendant. We

recognize, however, that a challenge to a probation condition on the ground it is

unconstitutionally vague can be raised for the first time on appeal.…