People v. Rodriguez CA6

Filed 6/30/16 P. v. Rodriguez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H042534 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS150810A)

v.

CRISTINA ZAMBRANO RODRIGUEZ,

Defendant and Appellant.

Defendant Cristina Zambrano Rodriguez led police on a two-county high speed chase on U.S. Highway 101 and through the streets of Salinas. She pleaded no contest to evading a peace officer. The trial court suspended imposition of sentence and granted a three-year term of probation. The trial court imposed two probation conditions, among others, requiring that Rodriguez: (1) not have access to, use, or possess any police scanner or surveillance equipment; and (2) not obtain any new tattoos. Rodriguez challenges the first condition as unconstitutionally vague and overbroad on the ground that it fails to provide her with adequate notice of what devices are prohibited. She challenges the second condition as overbroad in violation of her constitutional rights to freedom of expression and association. The Attorney General concedes that both conditions should be modified and requests modifications to cure

them. We will accept the Attorney General’s concessions and modify the conditions as requested. I. FACTUAL AND PROCEDURAL BACKGROUND A. Facts of the Offense1 On May 17, 2015, Gilroy police officers engaged Rodriguez in a high speed chase at 80 to 95 miles per hour on southbound U.S. Highway 101. Monterey County Highway Patrol officers joined the pursuit. When she reached Salinas, Rodriguez exited the highway and drove on the wrong side of the road in a continued attempt to evade police. After several turns leading into a residential area, Rodriguez pulled into an apartment complex and stopped the car. She and her passenger jumped out and attempted to run away. Salinas police officers arrested both parties. A records check showed the car had been reported stolen out of Bakersfield. Police determined Rodriguez and her passenger also had been involved in a hit and run while driving the same vehicle in Santa Clara County. A search of the car yielded two bindles of methamphetamine weighing a total of two grams. B. Procedural Background The prosecution charged Rodriguez by felony complaint with four counts: Count One—Evading a peace officer in a willful disregard for safety (Veh. Code, § 2800.2, subd. (a)); Count Two—Evading a peace officer in a direction opposite to traffic (Veh. Code, § 2800.4); Count Three—Resisting arrest (Pen. Code, § 148, subd. (a)(1)); and Count Four—Possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). The parties reached a plea agreement whereby Rodriguez pleaded no contest to Count One in exchange for felony probation and dismissal of the remaining counts. The