Nassetta
People v. Nassetta
Opinion
Opinion
Miller, J.
Defendant Nicholas Allen Nassetta pleaded no contest to possession for sale of cocaine (Health & Saf. Code, § 11351) and driving under the influence (DUI) with a prior DUI conviction (Veh. Code, § 23152, subd. (e)), and was placed on formal probation for five years. Among the terms and conditions of probation, the court imposed a curfew from 10:00 p.m. to 6:00 a.m.
Nassetta contends the curfew condition is invalid under People v. Lent (1975) 15 Cal.3d 481 [ 124 Cal.Rptr. 905 , 541 P.2d 545 ] (Lent) and unconstitutional. We agree the curfew condition is invalid under Lent , and modify the probation order to strike it.
FACTUAL AND PROCEDURAL HISTORY
Around 2:15 a.m. on March 18, 2014, California Highway Patrol officers observed a Nissan pickup truck straddling two lanes of northbound 1-880 for an extended period before moving to a single lane. The officers had the truck pull over. Nassetta was the driver and sole occupant of the truck. One of the officers noticed Nassetta was perspiring significantly, and his face paled during the traffic stop. The officer saw a syringe sticking out of a duffel bag on the backseat of the truck. Nassetta was asked to get out of his truck,…