People v. Salvatierra CA6

INTRODUCTION

Defendant Augustine Salvatierra contends that the probation conditions prohibiting him from possessing or consuming alcohol or controlled substances are vague and overbroad. The Attorney General agrees that the challenged probation conditions should be modified to include a knowledge requirement. We will modify the challenged conditions to include an express knowledge requirement.

FACTUAL AND PROCEDURAL BACKGROUND

On August 13, 2013, the district attorney filed a complaint charging defendant with stalking (Pen. Code, § 646.9, subd. (a)1; count 1), grand theft (§§ 484/487(c); count 2), and attempting to dissuade a victim or witness from reporting a crime (§ 136.1, subd. (b)(1); count 3). On August 30, 2013, the district attorney amended the complaint

1 All further statutory references are to the Penal Code unless otherwise indicated. to reduce count 2 to misdemeanor petty theft (§§ 484/488, subd. (a)). Defendant then pleaded no contest to stalking and pleaded guilty to the two misdemeanors. On November 4, 2013, the trial court suspended imposition of sentence and placed defendant on probation for three years. The court imposed several terms and conditions. One of…