People v. Campos CA6

DISCUSSION

After considering the parties’ supplemental briefing, we conclude that the trial court erred in imposing certain probation conditions. We will quote the conditions below and show how we are modifying them.

2 A reviewing court reviews a trial court’s imposition of a probation condition under one of two different standards. The applicable standard depends on the condition’s effect on a defendant’s civil liberties. A “ ‘probation condition that imposes limitations on a person’s constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad.’ ” (People v. Olguin (2008) 45 Cal.4th 375, 384.) All others are reviewed for abuse of discretion, i.e., “[w]e do not apply such close scrutiny in the absence of a showing that the probation condition infringes upon a constitutional right . . . [and] absent such a showing . . . simply review[ ] such a condition for abuse of discretion, that is, for an indication that the condition is ‘arbitrary or capricious’ or otherwise exceeds the bounds of reason under the circumstances.” (Ibid.) The court may “impose conditions to foster rehabilitation and to…