People v. DeJesus CA6

BACKGROUND

The trial court imposed the following probation condition, among others. “The defendant shall not possess any item under the law that would be considered a deadly or dangerous weapon during the period of probation.”

DISCUSSION

The obvious jurisprudential trend is toward requiring that a term or condition of probation explicitly require knowledge on the part of the probationer that he is in violation of the term in order for it to withstand a challenge for unconstitutional vagueness. “[P]robation conditions that implicate constitutional rights must be narrowly drawn” and the knowledge requirement in these circumstances “should not be left to implication.” (People v. Garcia (1993) 19 Cal.App.4th 97, 102.)

DISPOSITION

The challenged probation condition is modified as follows: “The defendant shall not knowingly possess any item under the law that would be considered a deadly or dangerous weapon during the period of probation.” As so modified, the order for probation is affirmed.

Premo, J.

WE CONCUR:

Rushing, P.J.

Elia, J.

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