Does section 11362.5 of the California Criminal Code (i.e. a modified order) contain the "requirements of [section 11362] 113625" in the modifying order?

California, United States of America


The following excerpt is from People ex rel. Lungren v. Peron, 59 Cal.App.4th 1383, 70 Cal.Rptr.2d 20 (Cal. App. 1997):

3 It is questionable whether this incorporation of the "requirements of [section] 11362.5" in the modifying order was "definite enough to provide a standard of conduct for those whose activities are proscribed, as well as a standard for the ascertainment of violations of the injunctive order by the courts called upon to apply it...." (Pitchess v. Superior Court (1969) 2 Cal.App.3d 644, 651, 83 Cal.Rptr. 35.) This case turned on what conduct section 11362.5 did permit. That conduct remained vague or undefined by the trial court's modifying order.

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