People v. Garza CA6

STATEMENT OF THE CASE1

Defendant was charged by information with transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)), possession of concentrated cannabis (Health & Saf. Code, § 11357, subd. (a)), and resisting a peace officer (Pen. Code, § 148, subd. (a)(1). The information also alleged defendant had served one prior prison term (Pen. Code, § 667.5, subd. (b)).

1 The underlying facts of this case are omitted because they are not relevant to the issue on appeal. Defendant pleaded no contest to possession of concentrated cannabis and resisting a peace officer, and he admitted the prison prior. The court suspended imposition of sentence and granted defendant probation for a term of three years. The court imposed a condition of probation that defendant “[n]ot use or possess alcohol, narcotics, intoxicants, drugs or other controlled substances without the prescription of a physician.” Defendant filed a timely notice of appeal.

DISCUSSION

Defendant asserts on appeal that the probation condition concerning possession of drugs is vague and overbroad, because it does not include a knowledge requirement. The Attorney General concedes this point, and we accept the…