People v. Villanueva CA4/2

I. FACTUAL AND PROCEDURAL HISTORY

The People charged defendant by felony complaint with robbery (§ 211, count 1)

and exhibiting a deadly weapon (§ 417, subd. (a), count 2).

Pursuant to a plea agreement, defendant pled guilty to the robbery. The court

dismissed count 2 and placed defendant on formal probation for three years on various

terms and conditions, all of which defendant had previously discussed with his counsel

and to which he agreed. One of the probation conditions requires that defendant,

“Participate and complete at your expense any counseling, rehabilitation/treatment

program deemed appropriate by probation officer.”

The court also granted defense counsel’s request that all applicable fines and fees

be waived pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157, disapproved of by

People v. Kopp (2025) 19 Cal.5th 1, 22, which is reflected on the sentencing minute

1 All further statutory references are to the Penal Code.

2 order. However, the sentencing memorandum reflects that the court imposed a restitution

fine and court assessment fee.

II. DISCUSSION

Defendant maintains the probation condition requiring that he participate in

rehabilitative…