P. v. Villalobos
Defendant and appellant Francisco Antonio Villalobos pled no contest to an amended count of violation of Penal Code section 220, subdivision (a), assault with intent to commit rape. The court suspended imposition of sentence and placed defendant on formal probation with a term of incarceration as a condition of probation. This appeal concerns one of the additional conditions of probation imposed by the court.
In its oral imposition of terms of probation, the court stated: “You are not to use or possess or associate with those who use or possess any dangerous drugs or narcotics and not to use or possess any dangerous drugs or narcotics without a lawful prescription. You are to submit to drug testing.†This was translated in paragraph 33 of the minute order of the sentencing hearing succinctly, but somewhat inaccurately, as: “Do not use drugs.â€
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