People v. Frankel CA3

DISCUSSION

Defendant contends the electronic search condition is invalid under People v. Lent (1975) 15 Cal.3d 481, 486 (Lent), superseded on other grounds as stated in People v. Wheeler (1992) 4 Cal.4th 284, 290. We disagree. A trial court has broad discretion to impose reasonable conditions of probation in order to promote the rehabilitation of the probationer. (§ 1203.1, subd. (j); see also People v. Olguin (2008) 45 Cal.4th 375, 379 (Olguin).) A trial court does not abuse its discretion unless its determination is arbitrary or capricious or “ ‘ “exceeds the bounds of reason, all of the circumstances being considered.” ’ ” (People v. Welch (1993) 5 Cal.4th 228, 234.) Under Lent, a probation condition is invalid if it “ ‘(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality . . . .’ ” (Lent, supra, 15 Cal.3d at p. 486.) All three prongs must be met to invalidate a probation condition. (Olguin, supra, 45 Cal.4th at p. 379; see Lent, at p. 486,

3 fn. 1.) “As such, even if a condition of probation has no relationship…