People v. Vargas CA5

DISCUSSION

Again, the only question posed in this appeal is whether the probation condition that defendant not “ ‘have weapons of any description’ ” in his possession during his period of probation was too vague to withstand constitutional scrutiny. Section 1203.1 provides a trial court with broad discretion to determine eligibility for probation, and what conditions of probation will promote rehabilitation and protect public safety. (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) A “ ‘condition of probation will not be held invalid unless 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 .…” ’ ” (People v. Bryant (2021) 11 Cal.5th 976, 983.) This requires a case-by-case assessment considering the relationship of the condition to the crime, the specific terms provided in the challenged condition, and the connection of that condition to the probationer’s future criminality. (Ibid.) Probation conditions may be challenged as unconstitutionally vague or overbroad. (People v. Rhinehart (2018) 20 Cal.App.5th…