Hall

People v. Hall

Bad Law
2 Cal. 5th 494·213 Cal. Rptr. 3d 561·388 P.3d 794
Supreme Court of CaliforniaFebruary 9, 2017S227193California3,396 words

Opinion

Lead Opinion

Cuéllar, J.

*497 The terms of defendant's probation bar him from possessing firearms or illegal drugs. He contends that these conditions on his release are unconstitutionally vague on their face, because they do not explicitly define the state of mind, or mens rea, required to sustain a violation of probation. He requests modification of the conditions to convey explicitly that they apply only to knowing possession of the prohibited items. What we conclude is that the probation conditions already include an implicit requirement of knowing possession, and thus afford defendant fair notice of the conduct required of him. We therefore affirm the Court of Appeal.

I. BACKGROUND

Defendant LaQuincy Hall was convicted of possessing cocaine base for sale ( **796 Health & Saf. Code, § 11351.5 ) and placed on three years' probation. As modified by the Court of Appeal to conform to the oral pronouncement of sentence ( *498 People v. Mitchell (2001) 26 Cal.4th 181 , 185, 109 Cal.Rptr.2d 303 , 26 P.3d 1040 ), the conditions of probation provided that defendant "may not own, possess or have in [his] custody or control any handgun, rifle, shotgun or any firearm whatsoever or any weapon that can be…

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