P.

P. v. Salinas CA6

Good Law
Court of Appeal of CaliforniaApril 16, 2013H038428California1,235 words

Opinion

Opinion

Premo, J.

BACKGROUND

The trial court placed defendant on probation on August 26, 2010. On October 17, 2011, the case was transferred from Santa Cruz County to Monterey County. On March 23, 2012, the Monterey County Probation Department (MCPD) filed a petition to modify the terms of defendant‟s probation conditions after discovering that, at the time defendant was placed on probation, the trial court had not included any alcohol, drug, or search conditions. It was standard practice of the MCPD to recommend such conditions when the underlying crime was alcohol related. At the hearing on the modification motion, defense counsel objected to the modification on the basis that defendant had been on probation for one year and eight months without any probation violations, had no new offenses, and was working full time. The probation officer opined that the crime was alcohol related and that “I can‟t predict what his behavior is going to be. And we need to have the additional conditions so we can properly supervise him.” The trial court found the following: “I do find that the requested conditions are related to the original charges in this case 2800.2. [¶] The defendant had alcohol with him at…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.