People v. Brun

Opinion

SIMS, J.

Defendant pled no contest to charges of possession of methamphetamine for sale (Health & Saf. Code, § 11378) and carrying a concealed

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weapon (Pen. Code, § 12025, subd. (b)) and was placed on probation. He appeals from the order of probation contending the trial court erred in denying his motion to suppress evidence and in imposing a condition of probation requiring him to register with law enforcement officials as a narcotics offender. In an unpublished portion of this opinion, we conclude the suppression motion was properly denied. In this published portion, we hold that the registration requirement was improperly imposed as a condition of probation.

Facts Concerning the Motion to Suppress

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Discussion

I

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II

The Condition of Probation Requiring Registration

The challenged condition of probation states, “Defendant shall register under the provisions of Section 11590 of the Health and Safety Code . . . .” That section requires persons convicted of certain drug-related offenses to register with law enforcement officials where the offender resides or stays.

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However, defendant correctly points out he was convicted under section 11378 of the Health and Safety Code, and section 11590 does not by its terms require registration following a conviction for violation of section 11378. (Health & Saf. Code, § 11590, subd. (a); further statutory references are to this code unless otherwise indicated.) Defendant argues it was therefore improper for the trial court to impose the registration condition.

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