People v. Lazaro CA6

I. Discussion1

The trial court imposed the following probation conditions as set forth in the probation report: “8. The defendant shall not possess or consume alcohol or illegal

1 The underlying facts are not part of the appellate record. The parties stipulated that there was a factual basis for the plea based on the reports in the court’s file. controlled substances or knowingly go to places where alcohol is the primary item of sale. [¶] . . . [¶] 24. The defendant shall not use or possess any graffiti-related materials or engage in any illegal graffiti-related activity, as directed by the Probation Officer.” Defendant contends that these probation conditions are unconstitutionally vague, because he could be carrying a friend’s backpack without knowing that it contained alcohol or a can of spray paint. Thus, he requests that the probation conditions be modified to include a knowledge requirement. “In granting probation, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety pursuant to Penal Code section 1203.1. [Citations.]” (People v. Carbajal (1995) 10 Cal.4th 1114, 1120-1121.) However, a probation condition may be challenged…