People v. Michael CA6

INTRODUCTION

Defendant Daniel Embaye Michael contends that a mandatory supervised release condition prohibiting him from possessing or using illegal drugs or illegal controlled substances is vague and overbroad. He urges this court to modify the condition to include a knowledge requirement. We will modify the challenged conditions to include an express knowledge requirement.

FACTUAL AND PROCEDURAL BACKGROUND

On February 15, 2013, the district attorney filed a complaint charging defendant with possession for sale of marijuana. (Health & Saf. Code, § 11359.) The complaint also alleged that defendant had three prison priors. (Pen. Code, § 667.5 (b)). The complaint was later amended to include a misdemeanor offense of permitting a passenger to carry a firearm in his vehicle. (Pen. Code, § 26100, subd. (a).) Defendant pleaded no contest to both charges and admitted the three prison priors. On December 5, 2013, the trial court sentenced defendant to two years pursuant to Penal Code section 1170, subdivision (h). One year of his sentence was to be served in county jail, and for the remainder of his sentence, defendant was ordered to be released on mandatory supervision. The trial…