P. v. Chavez
Defendant Mariah Ann Marie Chavez pled no contest to assault by means of force likely to produce great bodily and received four years of formal probation, including 180 days in county jail. Her probation conditions included the following: “You shall not be adjacent to any school campus during school hours unless you are enrolled or with prior written permission of the school administration or probation.â€[1]
Relying on People v. Barajas (2011) 198 Cal.App.4th 748, 760-763 (Barajas), defendant contends that “adjacent to†is unconstitutionally vague and should be replaced by “within 50 feet of.†The People contend that “adjacent to†is not vague, but suggests that if we conclude otherwise we should modify the condition in a manner consistent with Barajas.
We agree with defendant and Barajas that “adjacent to,†in the context of this probation condition, is impermissibly vague. But on this record we cannot say whether defendant’s proposed modification is appropriate. Furthermore, because the record does not show that defendant has ever committed an offense on or near a school campus, we cannot determine whether the probation condition was appropriately imposed. We therefore remand with directions that the trial court reconsider whether this condition should be imposed, and if so, to modify the condition in light of the facts of the case and the purpose of the restriction to be imposed on defendant.
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