P. v. Cano
Defendant Marie Cano pled no contest to possession of methamphetamine and to possession of marijuana, and admitted she had served four prior prison terms. The court sentenced defendant to a term of six years, suspended the execution of sentence, and placed defendant on Proposition 36 probation. Among the conditions of probation are that she must not . . . associate with anyone or be in the presence of anyone who is using illegal drugs and must stay away from all locations, which includes [her] automobile or any residence, building, structure or area where illegal drugs are being used or possessed. On appeal, defendant contends that the above condition of probation is constitutionally overbroad and must be rewritten to include a knowledge requirement. The People agree. Court accept the concession. (See In re Sheena K. (2007) 40 Cal.4th 875, 890-892.)
Comments on P. v. Cano