Welch

People v. Welch

Bad Law
5 Cal. 4th 228
Supreme Court of CaliforniaMay 27, 1993No. S025387California4,701 words

Opinion

lead Opinion

Baxter, J.

We limited review in this case to the question whether a criminal defendant’s failure to challenge the “reasonableness” of a probation condition (Pen. Code, § 1203.1; People v. Lent (1975) 15 Cal.3d 481, 486 [ 124 Cal.Rptr. 905 , 541 P.2d 545 ] (Lent)) proposed at the probation and sentencing hearing constitutes a waiver of the claim on appeal. 1 We conclude that it does.

Such conditions are routinely imposed when the sentencing court determines, in an exercise of its discretion, that a defendant who is statutorily eligible for probation is also suitable to receive it. Under the pertinent statutory scheme, the court must first consider the probation officer’s report and sentencing recommendation and hear any relevant argument and evidence proffered by the parties. It is fair and economical to impose a general requirement of objection at this stage to any proposed condition the defendant does not consider reasonably related to Ms or her safe release and rehabilitation.

*231 Here, the Court of Appeal correctly reached the same conclusions, but appears to have been the first to do so. It declined to follow an established line of appellate cases that had assumed, in the…

concurrence Opinion

Arabian, J.

I concur in the rule of practicality formulated by the majority. I write separately to emphasize certain fundamental principles of due process implicit in its premise.

1. Procedural due process.

This case arises in the context of a felony conviction. As the majority explain, the statutory scheme governing imposition of felony probation is extensive and quite thorough, requiring a probation report as well as express notice of its recommendations and a hearing thereon. (Pen. Code, § 1203, subd. (b).) The contents of the probation report are also statutorily prescribed and specified in detail. {Ibid)

In significant contrast, the law does not mandate a comparably rigorous procedure for the imposition of misdemeanor probation. The applicable statute, Penal Code section 1203, subdivision (d), provides as follows: “In every case in which a person is convicted of a misdemeanor, the court may *239 either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If such a case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person which could have…

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