California v. Brooks
Annotate this CaseMichael Brooks was charged with unlawful possession of ammunition; possession of controlled substance paraphernalia; and possession of a controlled substance. As to the first count, the information alleged that Brooks was prohibited from possessing a firearm as a result of a number of prior convictions. After a preliminary hearing, Brooks entered into a plea agreement in which he pled no contest to count 1 and admitted one prison prior. The remaining counts and allegations were dismissed. Brooks agreed to a sentence of three years for the conviction plus one year for the prison prior, with the sentence to be suspended and Brooks to be placed on formal probation for three years. The terms of probation included serving one year in local custody and a "Fourth Amendment waiver." The court's sentencing order set forth 29 terms of probation that were recommended in the probation officer's report. Brooks challenged three of those probation terms on appeal: (1) the term requiring him to "participate in a counseling/educational program as directed by the probation officer" he argued improperly delegated judicial decision-making power to the probation officer and is unconstitutionally vague; (2) the term requiring him to "follow all standard terms of probation" fails to provide the notice required by due process and is unconstitutionally vague; and (3) the term requiring him to pay a drug testing fee under a county ordinance and Section 1203.1ab because Section 1203.1ab did not apply to his conviction of unlawful possession of ammunition. After review, the Court of Appeal agreed with Brooks's contentions and reversed.
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