People v. Wheeler CA6

I. INTRODUCTION

Defendant Elizabeth Wheeler appeals after pleading guilty to possession of heroin (Health & Saf. Code, § 11350, subd. (a)), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), misdemeanor possession of a smoking device (Health & Saf. Code, § 11364.1, subd. (a)), and misdemeanor destruction or concealment of evidence (Pen. Code, § 135). Defendant was placed on probation for three years, with the condition that she serve 90 days in county jail, with 26 days of credit for time served. She was also ordered not to “frequent places where alcohol is [the] chief item of sale” and not to “associate with persons whose behavior might lead to criminal activities.” On appeal, defendant contends that the probation conditions barring her from frequenting places where alcohol is the chief item of sale and associating with persons whose behavior might lead to criminal activities are vague and/or overbroad. Defendant also argues that she is entitled to 26 days of presentence conduct credit under Penal Code section 4019. The Attorney General concedes both issues. We will modify the probation condition barring defendant from “frequent[ing] places where…