P. v. Means
Filed 8/14/06 P. v. Means CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. DONNIE KEITH MEANS, Defendant and Appellant. |
A110848
(Contra Costa County Super. Ct. No. 050666-7) |
Defendant Donnie Keith Means appeals the drug and alcohol testing probation condition imposed after he pled nolo contendere pursuant to a plea bargain[1] to failing to register annually as a sex offender (Pen. Code, § 290, subd. (a)(1)(D))[2] and failing to notify law enforcement in writing of his change of residence address (§ 290, subd. (f)(1)). He contends the probation condition must be stricken because it was not reasonably related to his offense and there was no evidence that he had a substance abuse problem.
Background[3]
As a result of his 1999 rape conviction, defendant was required to register as a sex offender. Defendant last registered with law enforcement on January 22, 2004, 20 days after his January 2 birthday. At that time, defendant reported he was residing at 3074 Shiles Loop in Brentwood. In March or April 2004, Brentwood Police Detective Mark Misquez confirmed that defendant and his wife were residing at that address. In March 2005, Misquez visited the Shiles Loop address and the residence appeared unoccupied. Defendant's wife told Misquez that defendant had moved out of the Shiles Loop residence approximately one year before and was possibly living in Texas.[4] In April 2005, defendant turned himself in to the police.
Pursuant to defendant's plea agreement, the court placed defendant on three years' probation subject to various probation conditions including, â€
