People v. Patel
196 Cal. App. 4th 956
| Cal. Ct. App. | 2011Background
- Defendant Javid Patel pleaded no contest to generic and per se negligent DUI causing bodily injury and a misdemeanor for driving with a suspended license; he also admitted prior DUI and related enhancements, with one day of custody.
- The trial court sentenced Patel to enhanced terms and stayed execution under section 654, then placed him on probation with several special conditions including alcohol abstention and ignition interlock.
- The probation order prohibited alcohol consumption, possession, and being where alcohol is the chief item of sale, with no explicit scienter requirement in those terms.
- On appeal, Patel challenged the probation condition as overbroad for lacking scienter; appellate counsel argued for modification to require knowing conduct.
- The court agreed to modify the probation order to add a knowing (scienter) qualification to the alcohol-related conditions and affirmed the order as modified, noting a trend to require scienter in probation terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probation conditions restricting alcohol must include scienter | People argued the condition stands and need not include scienter | Patel contends the condition is overbroad absent scienter | Probation conditions must be knowingly applied |
Key Cases Cited
- People v. Freitas, 179 Cal.App.4th 747 (Cal. App. Dist. 4th 2009) (requires scienter in probation conditions)
- In re Victor L., 182 Cal.App.4th 902 (Cal. App. Dist. 4th 2010) (overbreadth and scienter in probation terms)
- Garcia v. Superior Court, 19 Cal.App.4th 97 (Cal. App. Dist. 2nd 1993) (knowing association/possession conditions require scienter)
- People v. Lopez, 66 Cal.App.4th 615 (Cal. App. Dist. 1st 1998) (knowing association with gang members and related conditions)
- In re Sheena K., 40 Cal.4th 875 (Cal. 2007) (advance notice and probation restrictions standards)
- Progressive West Ins. Co. v. Superior Court, 135 Cal.App.4th 263 (Cal. App. Dist. 2nd 2005) (probation/contractual-like terms as understood under law)
- Miracle Auto Center v. Superior Court, 68 Cal.App.4th 818 (Cal. App. Dist. 4th 1998) (probation conditions and incorporation principles)
- People v. Fares, 16 Cal.App.4th 954 (Cal. App. Dist. 1st 1993) (advance resort to trial court for clerical remedy on probation issues)