P. v. Kough CA1/4
A jury convicted Bryan Taylor Kough of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a) (4)) and the trial court sentenced him to probation for three years subject to various conditions. Kough contends the condition requiring him to obtain his probation officer’s permission before traveling outside of the state (travel condition) is unconstitutionally overbroad. He also argues the trial court improperly delegated its authority to the probation officer to determine whether he is required to enroll in the Community Corrections Service Center program (program enrollment condition), which, if required, entails mandatory chemical testing and prohibits non-prescription drug use (drug condition or drug/chemical testing condition). Kough contends the drug condition is invalid under People v. Lent (1975) 15 Cal.3d 481 (Lent). We conclude the travel condition is within constitutional bounds. However, we remand the matter to permit reconsideration of the
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