People v. Barriga CA6

Filed 2/26/13 P. v. Barriga CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H037613

(Monterey County Plaintiff and Respondent, Super. Ct. No. SS111869A)

v.

JESUS BARRIGA,

Defendant and Appellant.

In this appeal appellant challenges as vague a probation condition that requires him to "[t]otally abstain from the use of alcoholic beverages, not purchase or possess alcoholic beverages, and stay out of places you know alcohol to be the main item of sale." Appellant urges this court to modify the first part of the condition to include a knowledge requirement. Even though appellant did not object to the condition at issue when it was imposed, the forfeiture rule does not apply when a probation condition is…