P.
P. v. Esparza CA4/1
Opinion
Opinion
STATEMENT OF FACTS
Since this is an appeal following a guilty plea to one count we see no purpose in
setting forth the facts from the preliminary hearing transcript. The factual basis for the
plea was expressed in the following exchange:
"THE COURT: It states here by way of a factual basis of your plea that you unlawfully took the property of NASSCO without permission, and it was in excess of $950; is that what you did in this case, sir?
"THE DEFENDANT: Yes."
DISCUSSION
Sentencing courts have broad discretion in imposing conditions of probation
meant to protect the public and rehabilitate the defendant. (People v. Carbajal (1995)
Cal.4th 1114, 1120.) A defendant may refuse probation if he believes the conditions are
too harsh. (In re Bushman (1970) 1 Cal.3d 767, 776, overruled on another ground in
People v. Lent (1975) 15 Cal.3d 481, 486, fn. 1.) Accepting probation, however, does not
prevent a defendant from then challenging conditions of that probation on appeal. (In re
Bushman, supra, at p. 776.)
We review probation conditions for abuse of discretion. (People v. Carbajal,
supra, 10 Cal.4th at p. 1121.) A probation condition is invalid if it " ' "(1) has…