People v. Allen CA4/1

DISCUSSION

I

THE CHALLENGED PROBATION CONDITIONS

A. Background At Allen’s sentencing hearing, the superior court indicated that it read and considered the probation officer’s sentencing report. Allen’s counsel objected to drug and alcohol conditions contained in that report, noting that they required a “total abstention from the use and possession of alcoholic beverages” and that they were not relevant to this case. In addition, defense counsel objected to another condition prohibiting Allen “from use or possession of any equipment, including cellular phones, which have the capacity for taking or viewing photographs, whether in still or video form.” Counsel again argued that the probation condition was not “sufficiently related to this case” and asked for it to be stricken. Then, after conferring with Allen, Allen’s counsel made a “special request” that Allen not be prohibited from going to Phil Swing Park because he had “been going there many, many years and ha[d] planted trees and done a number of things that give him a special interest in the park.” Counsel did not object to any other conditions proposed in the probation report. The prosecution did not respond to any of the…