People v. Rogers

INTRODUCTION

Pursuant to a plea agreement, defendant and appellant Charles Rogers pled guilty

to inflicting corporal injury resulting in a traumatic condition. (Pen. Code1, § 273.5,

subd. (f)(1).) The trial court placed him on felony probation for a period of three years,

under specified conditions. He subsequently requested that his case be transferred from

the Riverside County to San Bernardino County, where he resided. The San Bernardino

County Probation Department filed a report recommending the imposition of additional

drug and alcohol-related probation conditions. At the transfer hearing, the San

Bernardino court added the recommended conditions.

On appeal, defendant contends: (1) the court lacked jurisdiction to modify his

probations conditions absent a change of circumstances; and (2) the added probation

conditions are invalid under People v. Lent (1975) 15 Cal.3d 481 (Lent). We agree the

court lacked jurisdiction to modify defendant’s probation and strike the added conditions.

PROCEDURAL BACKGROUND

The Riverside County District Attorney charged defendant, by felony complaint,

with infliction of corporal injury resulting in a traumatic condition (§ 273.5,…