P.

STATEMENT OF THE CASE2

In April 2012, defendant was charged by information with unlawful possession of a firearm (§ 29815, subd. (a); count 1), receiving or concealing stolen property (§ 496, subd. (a)). The information also alleged defendant committed the charged crimes for the

1 All further statutory references are to the Penal Code. 2 The underlying facts are omitted because they are not relevant to the issues on appeal. benefit of a street gang (§ 186.22, subd. (b)(1)), and that defendant was ineligible for a county jail commitment (§ 1170, subd. (h)(3)). Defendant pleaded no contest to count 1, and admitted the gang enhancement. The court suspended imposition of sentence, and ordered defendant to serve three years of formal probation, with terms and conditions including that he not “use or possess intoxicants, narcotics, or other controlled substances without the prescription of a physician.”

DISCUSSION

Defendant asserts the trial court erred by imposing a probation condition that lacked a scienter requirement. “[P]robation is a privilege and not a right, and . . . adult probationers, in preference to incarceration, validly may consent to limitations upon their…