P.

P. v. Ayala-Vega CA4/1

Good Law
Court of Appeal of CaliforniaJuly 10, 2013D061966California2,006 words

Opinion

Opinion

Mcintyre, J.

DISCUSSION

I. Probation Conditions

A. General Legal Principles

Sentencing courts have broad discretion in imposing conditions of probation meant

to protect the public and rehabilitate the defendant. (People v. Carbajal (1995) 10 Cal.4th

1114, 1120.) We review probation conditions for abuse of discretion. (Id. at p. 1121.)

A probation condition is invalid if it (1) is not related to the crime of which the offender

was convicted, (2) relates to noncriminal conduct, and (3) requires or forbids conduct

which is not reasonably related to future criminality. (People v. Lent (1975) 15 Cal.3d

481, 486 (Lent).) All three parts of this reasonableness test must be satisfied before a

reviewing court will invalidate a condition of probation. (People v. Olguin (2008)

Cal.4th 375, 379.)

A challenge to a probation condition based on the Lent unreasonableness factors is

forfeited on appeal if the defendant fails to object on that ground in the trial court.

(People v. Welch (1993) 5 Cal.4th 228, 234–238.) However, a defendant may raise on

appeal, without having objected in the trial court, an appellate claim amounting to a

" 'facial challenge' " based on a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.