California Court of Appeal

The trial court's order granting defendant probation is reversed for the court to modify two ambiguities, where: 1) the constructive knowledge element in three probation conditions is not vague; 2) scienter is implicit in some of the challenged conditions, although a knowledge element should be added to cure concerns about a prohibition on the use or possession of "intoxicants;" and 3) the stay-away provision that refers only to "the victim" when there were two victims is ambiguous.

Appellate Information

• Decided 12/20/2013
• Published 12/20/2013

Judges

• GROVER

Court

• California Court of Appeal

Counsel