People v. Gomez CA4/1

DISCUSSION

Possession and use of marijuana by adults are now legal in California. Here, possession or use of marijuana had no part in the offense or played any

All further statutory references are to the Penal Code.

The facts of the offense are not relevant to the resolution of this appeal, except that the parties agree the use or possession of marijuana was not involved in the offense or the facts leading to it. We will therefore omit the traditional statement of facts. 2 role in Gomez’s history of substance abuse. We must examine the condition in light of the limitations placed on probation conditions by the decision in Lent. Trial courts have broad discretion in selecting conditions of probation they think would assist in the rehabilitation of the offender and which would also help prevent further criminal behavior. (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) Where the proposed conditions are preventing or requiring that which is otherwise lawful, the conditions are subject to some limitations. Probation conditions can be declared invalid if all three of the conditions set forth in Lent are present. Specifically, (1) the condition has no relationship to…