People v. Watson CA6

Background On June 4, 2013, defendant entered a negotiated plea of no contest to the sole charge in a criminal complaint, possession of heroin (Health & Saf. Code, § 11350, subd. (a).) One week later, the court suspended imposition of sentence, ordered drug treatment, and placed defendant on probation for 18 months, pursuant to Penal Code section 1210 et seq. Among the conditions of probation was the following: “Not use or possess alcohol, intoxicants, or controlled substances without the prescription of a physician; not traffic in, 1 or associate with persons you know use, or traffic in[,] controlled substances.”

1 The version cited by the People is the one listed in the probation officer’s recommendations, which includes the admonition not to associate with persons “you Discussion The parties agree that in order to avoid unconstitutional vagueness, the probation condition pertaining to alcohol, intoxicants, and controlled substances should contain an element of knowledge, so that defendant could not be found in violation unless he knew the prohibited nature of the substance he was using or possessing. The parties further agree on the essential language of the condition. The…