People v. Tran CA6

I. INTRODUCTION

After a jury trial, defendant Duc Dao Tran was convicted of one felony count of possession of a controlled substance (Health & Saf. Code, § 11377)1 and one misdemeanor count of being under the influence of a controlled substance (§ 11550, subd. (a)). Defendant admitted the allegations that he had two prior convictions for violation of section 11550. He was placed on formal probation for two years. On appeal, defendant challenges the probation conditions that require him to “not consume or use or possess illegal drugs” and “not own or possess firearms or ammunition.” Defendant contends that these probation conditions are unconstitutionally vague because they do not include an explicit knowledge element. For the reasons stated

1 All further statutory references are to the Health and Safety Code unless otherwise indicated. below, we will modify the challenged probation conditions to include an express knowledge requirement and affirm the judgment as modified.

II. BACKGROUND

On July 10, 2013, Officer Kyle Rollins of the San Jose Police Department was on patrol on Summerside Road when he saw defendant walking on the sidewalk while rolling a bicycle. Officer Rollins…