People v. Guevara CA4/2

I.

INTRODUCTION

Defendant and appellant Miguel Angel Guevara, Jr. pleaded guilty to corporal

injury resulting in a traumatic condition having suffered a prior conviction for the same 1 offense (Pen Code, § 273.5, subd. (f)(1)). He also admitted that he had personally

inflicted great bodily injury upon the victim in the commission of the offense (§ 12022.7,

subd. (e)). In return, defendant was placed on formal probation for a period of 36 months

on various terms and conditions. On appeal, defendant contends (1) the probation

condition requiring him to avoid direct or indirect contact with the victim is vague and

overbroad and must be modified to include a scienter requirement, and (2) the probation

conditions and minute order must be amended to conform to the trial court’s oral

pronouncement of judgment as to the court operation and conviction assessment fees.

The People agree with defendant’s contentions, as do we. Accordingly, we modify the

no-contact probation condition to include a knowledge requirement and direct the clerk of

the court to amend the minute order of the sentencing hearing and the probation

conditions. In all other respects, we affirm the…