People v. Bowman CA6

Filed 7/24/14 P. v. Bowman CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H040058 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS130952)

v.

SCARLETT CHARMINE BOWMAN,

Defendant and Appellant.

I. INTRODUCTION Defendant Scarlett Charmine Bowman appeals after pleading no contest to transporting a controlled substance (Health & Saf. Code, § 11379, subd. (a)). She was placed on Proposition 36 probation (Pen. Code, § 1210.1) for 18 months. On appeal, defendant challenges a probation condition that requires her not to use, purchase, or possess alcoholic beverages and to stay out of places where alcohol is the main item of sale. She also challenges a probation condition that requires her not to use or possess narcotics, intoxicants, drugs, or other controlled substances without a prescription. Defendant contends these probation conditions are vague and overbroad because they do not include a knowledge element. We will modify the challenged probation conditions and affirm the judgment as modified.

II. BACKGROUND On May 11, 2013, defendant was the passenger in a vehicle that was stopped by police for parking violations. Defendant, who was on probation, had a bindle of methamphetamine on her person. Defendant was charged with transporting a controlled substance (count 1; Health & Saf. Code, § 11379, subd. (a)) and possession of a controlled substance (count 2; Health & Saf. Code, § 11377, subd. (a)). On June 11, 2013, defendant pleaded no contest to count 1 “for personal use.” On July 11, 2013, the trial court placed defendant on Proposition 36 probation for 18 months. The trial court imposed a number of probation conditions, including the following: “Totally abstain from the use of alcoholic beverages, not purchase or possess alcoholic beverages, and stay out of places when it is the main item of sale.” “Not use or possess alcohol/narcotics, intoxicants, drugs, or other controlled substances without the prescription of a physician; not traffic in, or associate with persons you know to use or traffic in narcotics or other controlled substances.”