People v. Cruz Cruz CA1/5

Filed 8/24/20 P. v. Cruz Cruz CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, A157385 Plaintiff and Respondent, v. (Marin County Super. Ct. No. SC208441A) BRAYAN ALEXANDER CRUZ CRUZ, Defendant and Appellant.

Appellant Brayan Alexander Cruz Cruz challenges the trial court’s imposition of “marijuana-related conditions of probation.” Based on the test articulated in People v. Lent (1975) 15 Cal.3d 481 (Lent), the conditions are invalid. Accordingly, we strike them. FACTUAL AND PROCEDURAL BACKGROUND On March 28, 2019, a police officer in San Rafael, California, responded to the reported theft of a vehicle. The victim’s coworker told the officer that he saw someone in the victim’s vehicle whom he did not recognize. The coworker called the victim, who confirmed his vehicle was stolen. The coworker approached the vehicle, but the occupant drove away, and the coworker followed but lost sight of him.

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Five days later, on April 2, 2019, the victim located his vehicle, but there was someone sitting in the driver’s seat. The victim’s friend used his vehicle to block the stolen vehicle. Several officers responded to the scene and detained the person in the stolen vehicle, who was later identified as appellant. Inside the vehicle, police officers located appellant’s El Salvadorian passport. Appellant had an outstanding felony warrant for taking a vehicle without the owner’s consent. Police transported appellant to the San Rafael police station, where he admitted he stole the vehicle. Appellant stated it was unlocked and the keys were in the ignition. Appellant had been sleeping in the vehicle, he acknowledged wrongdoing, and he regretted taking it. On April 3, 2019, the People filed a complaint against appellant alleging he took a vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a); count 1),1 and he received a stolen vehicle (Pen. Code, § 496d, subd. (a); count 2). On April 15, 2019, appellant pled guilty to the first count, and the trial court dismissed the remaining count. The probation report explained that appellant, who was 21 years old at the time of his arrest, was born in El Salvador, and he came to the United States when he was 16. Appellant had “a difficult childhood,” he “grew up in a country surrounded by violence,” and he witnessed the killing of his uncle when he was seven years old. Although unemployed, appellant sometimes worked in construction. The probation report described appellant’s use of alcohol and drugs as “[m]oderate.” Appellant drank alcohol on social occasions, and “he last drank . . . two months prior to his arrest.” Appellant reported “he first used marijuana at the age of 19. He stated he used it occasionally and for the past