People v. Gaff CA3

DISCUSSION

Defendant contends the probation condition requiring him to stay away from all Raley’s stores is unconstitutionally overbroad because it does not “closely relate to rehabilitating [him] from taking merchandise without payment.” He claims the condition barring him from “entering all Raley’s stores on legitimate business cannot pass constitutional muster” and “ ‘ “provision should be made to allow for lawful travel through the area of restriction and for access to the area for legitimate purposes.” ’ ” We disagree.

I. The Trial Court’s Discretion in Imposing Conditions of Probation

The objectives of probation are to ensure public safety by court ordered conditions and to promote rehabilitation. (People v. Olguin (2008) 45 Cal.4th 375, 379 (Olguin).) Public safety through the enforcement of court enforced conditions is a “primary goal.” (§ 1202.7; Olguin, at p. 379; People v. Minor (2010) 189 Cal.App.4th 1, 10.) “Trial courts have broad discretion to set conditions of probation in order to ‘foster rehabilitation and to protect public safety pursuant to Penal Code section 1203.1.’ [Citations.] . . . [¶] However, the trial court’s discretion in setting the conditions of…