People v. Rodriguez CA6

Filed 1/15/14 P. v. Rodriguez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039314 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1241888)

v.

CHRISTOPHER RODRIGUEZ,

Defendant and Appellant.

Defendant Christopher Rodriguez pleaded no contest to inflicting corporal injury on a cohabitant. (Pen. Code, § 273.5, subd. (a).)1 The trial court granted a three-year term of probation including six months in county jail as a condition of probation. Among other conditions of probation, the court imposed a five-year peaceful contact order and ordered defendant not to possess “any item under the law during probation that would be considered a deadly or dangerous weapon.” On appeal, defendant contends the trial court lacked authority to impose a five- year peaceful contact order lasting two years longer than his three-year probationary period. Defendant also argues that the condition not to possess a deadly or dangerous weapon is vague and overbroad absent a scienter requirement, and violates his constitutional right to possess property.

1 Subsequent undesignated statutory references are to the Penal Code.

We will modify the length of the peaceful contact order to be coextensive with defendant’s probationary term. As to the condition that defendant not possess a deadly or dangerous weapon, we will modify it to prohibit knowing possession of a deadly or dangerous weapon, but we find no violation of defendant’s constitutional right to possess property. I. FACTUAL AND PROCEDURAL BACKGROUND2 On August 16, 2012, police responded to a report of a domestic violence incident in the City of Santa Clara. The victim, defendant’s girlfriend, told police she was sleeping on the couch when she was awakened by defendant, who was in a rage. He believed she had taken his wallet, and he demanded to know where it was. He told her, “You know where it is bitch,” and grabbed her face, forcing her head down onto the couch. The victim could not breathe and resisted physically until she managed to escape. She had light bruising around her mouth area, blood splatter on her cheeks, an abrasion inside her mouth, and broken blood vessels in the white of her eyes. Defendant denied these allegations and claimed the victim had imagined the event as a result of mental illness. She was eight weeks pregnant with their child at the time. A felony complaint charged defendant with inflicting corporal injury on a cohabitant (§ 273.5, subd. (a); count 1), assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count 2), and violating a protective order (§ 166, subd. (c)(1); count 3). Defendant pleaded no contest to inflicting corporal injury on a cohabitant in exchange for probation, including six months in county jail. (§ 273.5, subd. (a).) At sentencing, the trial court suspended imposition of the sentence and granted a three-year term of probation, including six months in county jail as a condition of probation. Among other conditions of probation, the court ordered, “the Defendant shall