People v. Butera CA6

DISCUSSION

I. PROBATION CONDITIONS

Defendant contends that we must strike the three probation conditions related to substance abuse. He first asserts that the conditions are unreasonable and thus constitute an abuse of discretion. He next asserts that the condition regarding use of drugs, possession of drugs, and travel to places where drugs are used or sold is unconstitutionally vague and overbroad. As explained below, the trial court did not err in imposing the conditions. A. Reasonableness “Probation is generally reserved for convicted criminals whose conditional release into society poses minimal risk to public safety and promotes rehabilitation.” (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) “The sentencing court has broad discretion to determine whether an eligible defendant is suitable for probation and, if so, under what conditions.” (Ibid.) Penal Code section 1203.1 authorizes the trial court to impose “reasonable conditions, as it may determine are fitting and proper to the end that justice may be done, that amends may be made to society for the breach of the law, for any injury done to any person resulting from that breach, and generally and specifically for the…