People v. Sims CA1/5

DISCUSSION

Ordinarily, appeals from probation conditions are reviewed for abuse of discretion. (People v. Olguin (2008) 45 Cal.4th 375, 384.) Penal Code section 1203.1, subdivision (j), gives trial courts “broad discretion to impose conditions of probation to foster rehabilitation of the defendant, protect the public and the victim, and ensure that justice is done.” (Brown v. Superior Court (2002) 101 Cal.App.4th 313, 319.) Where, as here, a probation condition forbids noncriminal conduct,6 the condition is valid if that conduct is “reasonably related to the crime of which the defendant was convicted or to future criminality.” (People v. Lent, supra, 15 Cal.3d at p. 486, italics added.) The People argue the challenged conditions are proper because “[t]he restitution order was designed to compensate the agency that issued the payments for losses it suffered as a result of [Sims’s] criminal conduct. The additional alcohol-related conditions were designed to ensure [her] compliance with the restitution order. The conditions relate to the crime of which [Sims] was convicted in that they guarantee that [she] will pay her restitution obligation before using or purchasing alcohol.” They…