P.
P. v. Ayala-Vega CA4/1
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…