People v. Young CA4/2

DISCUSSION

A. Probation Condition

Defendant argues the residence approval condition of his probation should be

struck because it is unconstitutionally overbroad and violates his constitutional rights to

travel and association.

3 Among other terms and conditions of probation, the court included the following

requirements as stated in condition No. 8: “Inform the probation officer of your place of

residence and reside at a residence approved by the probation officer. Give written notice

to the probation officer 24 hours before changing your residence and do not move

without the approval of the probation officer.” Defendant did not object to this probation

condition, and expressly agreed to all of the conditions of his probation.

In general, trial courts are given broad discretion in fashioning terms of probation

or supervised release in order to foster the reformation and rehabilitation of the offender

while protecting public safety. (People v. Carbajal (1995) 10 Cal.4th 1114, 1120; People

v. Urke (2011) 197 Cal.App.4th 766, 774.) Thus, the imposition of a particular condition

of probation is subject to review for abuse of that discretion. “As with any exercise…