People v. Morales CA1/5

BACKGROUND

Appellant pled no contest to two counts of attempting to assist another to obtain a driver’s license, knowing that the person is not entitled to the document (Pen. Code, §§ 529.7, 664); and one count of conspiracy to commit the same (id., §§ 182, 529.7, 664). The charges arose from his participation in a conspiracy to sell driver’s licenses to undocumented immigrants. Imposition of sentence was suspended and appellant was placed on three years formal probation. The trial court ordered, as one of the conditions of appellant’s probation: “You’re not to consume any alcoholic beverages. You’re not to be in a place where alcohol is the primary item of sale.” Appellant’s counsel objected to the condition, arguing there was no “nexus to alcohol being used in this case or any alcohol problems for [appellant].” The trial court responded, “I believe that alcohol terms are appropriate

1 in all probation matters, and I’m going to go ahead and impose the alcohol terms at this time.”

DISCUSSION

“In granting probation, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety pursuant to Penal Code section 1203.1. [Citations.] ‘The…