People v. Chavez CA3

Filed 1/29/14 P. v. Chavez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C073018

Plaintiff and Respondent, (Super. Ct. No. CRF12509)

v.

MARIAH ANN MARIE CHAVEZ,

Defendant and Appellant.

Defendant Mariah Ann Marie Chavez pled no contest to assault by means of force likely to produce great bodily and received four years of formal probation, including 180 days in county jail. Her probation conditions included the following: “You shall not be adjacent to any school campus during school hours unless you are enrolled or with prior written permission of the school administration or probation.”1

1 The sentencing minute order cites to “item #14” of the probation report, where this condition appears as stated above. However, the trial court orally amended it to “prior

1

Relying on People v. Barajas (2011) 198 Cal.App.4th 748, 760-763 (Barajas), defendant contends that “adjacent to” is unconstitutionally vague and should be replaced by “within 50 feet of.” The People contend that “adjacent to” is not vague, but suggests that if we conclude otherwise we should modify the condition in a manner consistent with Barajas. We agree with defendant and Barajas that “adjacent to,” in the context of this probation condition, is impermissibly vague. But on this record we cannot say whether defendant’s proposed modification is appropriate. Furthermore, because the record does not show that defendant has ever committed an offense on or near a school campus, we cannot determine whether the probation condition was appropriately imposed. We therefore remand with directions that the trial court reconsider whether this condition should be imposed, and if so, to modify the condition in light of the facts of the case and the purpose of the restriction to be imposed on defendant. FACTUAL AND PROCEDURAL BACKGROUND The present crime is defendant’s first adult offense. However, defendant has an extensive juvenile record, including two misdemeanor batteries (one on a juvenile, the other on a young adult), and a misdemeanor resisting an officer offense stemming from a reported fight among a number of juveniles, including defendant.2 A search of her residence over a year before the present crime found terms associated with the Norteño street gang written on her bedroom walls. According to the probation report, the present offense and the prior battery on a juvenile occurred on the street in Yuba City where defendant lives. The mass