People v. Chamu CA4/1

Good Law
Court of Appeal of CaliforniaFebruary 19, 2015D065710California2,155 words

Opinion

Opinion

Haller, J.

DISCUSSION

I. General Principles Governing Probation Conditions

A trial court has broad discretion to select probation conditions that foster

rehabilitation and protect public safety. (People v. Leon (2010) 181 Cal.App.4th 943,

948.) A condition that forbids conduct that is not itself criminal must be reasonably

related to the defendant's crime or to preventing future criminality. (People v. Perez

(2009) 176 Cal.App.4th 380, 383.) To avoid unconstitutional overbreadth, a probation

condition that imposes limitations on a person's constitutional rights must closely tailor

those limitations to the purpose of the condition. (Leon, supra, at pp. 948-949.)

To avoid unconstitutional vagueness, the condition should be sufficiently precise

for the probationer to know what is required and for the court to determine whether the

condition has been violated. (People v. Leon, supra, 181 Cal.App.4th at p. 949.) The

condition should be specific enough so that ordinary people can understand what conduct

is prohibited. (In re Byron B. (2004) 119 Cal.App.4th 1013, 1018.) "A probation

condition should be given 'the meaning that would appear to a reasonable,…

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