People v. Rodriguez
222 Cal. App. 4th 578
| Cal. Ct. App. | 2013Background
- Defendant admitted to Norteño gang association; trial court imposed 20 probation conditions including restitution, prohibitions on substances, weapons, counseling, gang avoidance, and no gang-associated clothing; two victims identified for restitution (Victim 1 and Victim 2) and a gun/weapons restriction; probation conditions purportedly based on probation report and adopted orally; two different versions of conditions in transcripts/minute order creating ambiguity; defendant challenged vagueness of conditions 14, 15, 17 (knowledge elements) and 8, 12 (substance and stay-away) while agreeing to some conditions; trial court upheld most conditions but left unresolved vagueness issues; on appeal the court reviewed whether constructive knowledge suffices and remanded to fix ambiguities and minute order; the Stay-away provision (condition 12) referenced only “the victim” despite two victims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conditions 14, 15, 17 are vague without explicit knowledge | Rodriguez argues lack of explicit knowledge renders vagueness | Rodriguez contends constructive knowledge suffices | Constructive knowledge valid; no vagueness for 14, 15, 17. |
| Whether conditions 8 and 12 are vague/overbroad | People asserts 8 and 12 are proper under controlled substance and stay-away aims | Rodriguez claims vagueness/overbreadth | Conditions 8 (substances) and 12 (stay-away) require explicit knowledge; remanded to modify. |
| Whether weapons and ammunition condition includes implied knowledge | Prosecution argues implicit knowledge via statute; no explicit element necessary | Rodriguez seeks explicit knowledge | Implicit scienter approved; no explicit element required. |
| Whether stay-away ambiguity due to two victims affects validity | AG argues condition targets risk to victim | Ambiguity in naming victims diminishes enforceability | Remand to name victims and specify locations/vehicles; modify to identify known/identified victim. |
Key Cases Cited
- People v. Kim, 193 Cal.App.4th 836 (Cal. Ct. App. 2011) (implicit knowledge in weapons/substance conditions)
- Sheena K., 40 Cal.4th 875 (Cal. 2007) (due process; need for knowledge element to avoid vagueness)
- People v. Turner, 155 Cal.App.4th 1432 (Cal. Ct. App. 2007) (constructive knowledge added to avoid vagueness)
- People v. Moses, 199 Cal.App.4th 374 (Cal. Ct. App. 2011) (constructive knowledge in probation conditions)
- People v. Mathews, 25 Cal.App.4th 89 (Cal. Ct. App. 1994) (implicit knowledge in firearm context; demeans vagueness)
- King, 38 Cal.4th 617 (Cal. 2006) (implicit mens rea in possession of firearms/weapons statutes)
- Gabriel, 189 Cal.App.4th 1070 (Cal. Ct. App. 2010) (relevance of ‘suspect’ word and knowledge element)