PEOPLE v. RODRIGUEZ

No. H039137.

222 Cal.App.4th 578 (2013)

166 Cal. Rptr. 3d 187

THE PEOPLE, Plaintiff and Respondent, v. RAYMUNDO ESCUTIA RODRIGUEZ, Defendant and Appellant.

Court of Appeals of California, Sixth District.

December 20, 2013.


Attorney(s) appearing for the Case

Julie Ann Dunger , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Jeffrey M. Laurence and Christopher J. Wei , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GROVER, J.

I. INTRODUCTION

We are asked once again to consider whether various probation conditions are unconstitutionally vague and overbroad without an explicit scienter element. A related claim is that an explicit constructive knowledge requirement is unconstitutional. We will conclude that the constructive knowledge element in three probation conditions is not vague. We will also conclude that scienter is implicit...

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