People v. Alvarez CA2/6

Discussion A sentencing court has “broad discretion” to fashion appropriate conditions of probation that facilitate rehabilitation and foster public safety. (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) Generally, a condition of probation will be upheld as reasonable unless it “‘“(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality. . . .” . . .’” (People v. Olguin (2008) 45 Cal.4th 375, 379, quoting Lent, supra, 15 Cal.3d at p.486.) “The Lent test ‘is conjunctive—all three prongs must be satisfied before a reviewing court will invalidate a probation term.’” (In re Ricardo P. (2019) 7 Cal.5th 1113, 1118.)

3 We review the conditions imposed for abuse of discretion. (Moran, supra, 1 Cal.5th at p. 403.) Appellant contends the alcohol and marijuana-related probation conditions are invalid because there was no evidence that his crime was drug and alcohol related, he never reported marijuana use and only admitted to drinking one beer two or three times a year. For support, he relies on People v. Cruz (2020) 54…