Opinion
NOT TO BE PUBLISHED
Super.Ct.No. 04F05160
SCOTLAND, P. J.
Defendant Allie Ray Ellison pled no contest to possessing cocaine base for sale (Health & Saf. Code, § 11351.5) and possessing marijuana for sale (Health & Saf. Code, § 11359). The trial court suspended imposition of sentence and placed defendant on four years’ probation on various terms and conditions.
Defendant contends, and the People concede, there are errors in one of the conditions of probation. We accept the concession and shall direct the probation order to be amended.
DISCUSSION
The conditions of defendant’s probation require, among other things, that defendant not “associate with known or reputed users of marijuana, dangerous drugs or narcotics, nor be in places where narcotics and/or dangerous drugs are present.” Defendant contends, and the People concede, that this condition violated his constitutional rights because it imposed a vague and overbroad condition of probation. He asks that the condition be modified to include a knowledge qualifier.
We accept the People’s concession that the condition should be modified. In In re Sheena K. (2007) 40 Cal.4th 875 (hereafter Sheena K.), the California Supreme Court held that a probationary condition prohibiting the probationer from associating with anyone who is a member of a specified class of persons, without a requirement that the probationer know the person is a member of the class, is unconstitutionally vague (id. at pp. 889-892); that because such conditions present a pure question of law, a probationer’s failure to object to its imposition does not forfeit the issue for appeal (id. at pp. 888-889); and that an acceptable remedy when such a condition is challenged on appeal is for the appellate court to insert the knowledge requirement (id. at p. 892).
The challenged probation condition imposed on defendant here relates also to the places where defendant is allowed to be, but we find the condition imposed is similar for constitutional purposes to that of Sheena K., and we shall insert the knowledge requirement.
DISPOSITION
Defendant’s conviction is affirmed. The probation condition concerning defendant’s presence near marijuana, narcotics and/or dangerous drugs is modified to state: “Defendant shall not associate with people he knows to be reputed users of marijuana, dangerous drugs or narcotics, nor be in places where he knows narcotics and/or dangerous drugs are or will be present.” As so modified, the order of probation is affirmed. The court is directed to amend its records to reflect the modification and to forward the appropriate documents to defendant and to the probation department.
We concur: SIMS, J., BUTZ, J.