Category Archives: Probation Parole PRCS

Abstracts and Minutes, Fines and fees, Probation Parole PRCS, Sentencing

Case: 000289

Posted on by Gary McCurdy

Error and/or relief

We conclude that section 654 did not apply here because the trial court granted defendant probation without imposing sentence, so we affirm the judgment. But we direct the trial court to correct the clerk’s minute order to reflect the oral pronouncement as to the jail probation condition and restitution fine and corresponding stayed probation revocation fine as $300 each.

First Holding:

There is an apparent discrepancy between the court’s oral pronouncement imposing a probation condition of 300 days in county jail and the clerk’s minute order splitting the 300 days between the two counts, showing 150 days under each count. The record of the oral pronouncement of the court controls over the clerk’s minute order. The court’s oral pronouncement was clear. It imposed a probation condition of 300 days in county jail. We order the clerk’s minute order corrected to reflect the court’s oral pronouncement of a probation condition of 300 days in county jail.

Authority:

People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2

People v. Mitchell (2001) 26 Cal.4th 181, 187-188

Second Holding:

Generally, section 654, which precludes multiple punishment for a single act, does not apply when a court grants a defendant probation. A grant of probation is neither punishment nor a criminal judgment. It is an act of grace and clemency designed to allow rehabilitation. No punishment is imposed. Section 654 does not apply where no punishment is imposed. This is so even if probation is conditioned on jail time. Here, because the trial court granted defendant probation without imposing a sentence, section 654 does not apply.

Authority:

PEN 654

People v. Stender (1975) 47 Cal.App.3d 413, 425, overruled on other grounds in People v. Martinez (1999) 20 Cal.4th 225, 240

People v. Wittig (1984) 158 Cal.App.3d 124, 126-127 137

People v. Prudholme (2023) 14 Cal.5th 961, 965

Third Holding:

The minute order conflicts with the trial court’s oral pronouncement, the latter which ordered only the mandatory minimum fines (here, $300), not the $1,000 fine included in the minutes. When there is a discrepancy between the court’s oral pronouncement and the clerk’s minute order or the abstract of judgment, the record of the oral pronouncement controls. We order the clerk’s minute order corrected to conform to the trial court’s oral pronouncement of the mandatory minimum restitution fine of $300 and the corresponding stayed $300 probation revocation fine.

Authority:

People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2

Discretion, Juveniles, Probation Parole PRCS

Case: 000269

Posted on by Gary McCurdy

Error and/or relief

We conclude the electronics search condition as currently framed is invalid under Lent and In re Ricardo P. We therefore strike the condition and remand the matter to the juvenile court to consider the imposition of a modified electronics search condition in conformance with Ricardo P. and this opinion.

First Holding:

A juvenile court is authorized to impose any reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced. Notably, the permissible scope of discretion in formulating terms of juvenile probation is even greater than that allowed for adults, given that juveniles are deemed to be more in need of guidance and supervision than adults and that the state stands in the shoes of the parents in caring for the minor’s well being when it asserts jurisdiction over the minor.

Authority:

WIC 730(b)

In re Victor L. (2010) 182 Cal.App.4th 902, 909–910

Second Holding:

This broad discretion, however, is not unlimited. A probation condition is invalid if 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. The Lent test is conjunctive—all three prongs must be satisfied before a reviewing court will invalidate a probation term. As the Supreme Court has explained, a condition of probation that requires or forbids conduct which is not itself criminal is valid if that conduct is reasonably related to the crime of which the defendant was convicted or to future criminality.

Authority:

In re J.B. (2015) 242 Cal.App.4th 749, 754

People v. Lent (1975) 15 Cal.3d 481, 486

People v. Olguin (2008) 45 Cal.4th 375, 379

Third Holding:

The first question is whether the minor’s use of an electronic device bore a relationship to his assault of the victim with force likely to produce great bodily injury. In the context of electronics search probation conditions, some Courts of Appeal have found that use of an electronic device is related to an offense when the device was used to commit, plan, or facilitate that offense. In this case there was no indication that the minor used an electronic device to commit, plan, or facilitate his assault of the victim.

Authority:

People v. Appleton (2016) 245 Cal.App.4th 717, 719–720, 724 [electronic device was involved in the offense where defendant met his victim through social media]

People v. Castellanos (2020) 51 Cal.App.5th 267, 270, 271, 275–276 [electronic devices involved in transportation of controlled substances where defendant had three cell phones in his car at the time of arrest and cell phones are frequently used in drug sales]

Fourth Holding:

Other Courts of Appeal have found that electronic devices were not related to an offense when the connection between electronic device usage and an offense was more tangential. For example, in Alonzo M., the mere fact that electronic devices were stolen during the minor’s commission of automobile burglaries and purse snatch robberies did not compel the conclusion that electronic devices related to these offenses. Similarly, in Amber K., the minor’s use of social media before and after a school fight was found to be insufficient to satisfy the first prong of Lent.

Authority:

In re Alonzo M. (2019) 40 Cal.App.5th 156, 158-164 [observing the condition could not be upheld under either of first two Lent prongs]

In re Amber K. (2020) 45 Cal.App.5th 559, 564–566

Fifth Holding:

As indicated, there appears no dispute the second prong of the Lent test has been met. And for good reason: it is well-established that there is nothing inherently illegal about using electronic devices.

Authority:

In re Amber K. (2020) 45 Cal.App.5th 559, 566

Sixth Holding:

The third prong of Lent requires that we assess whether the electronics search condition requires or forbids conduct that is not reasonably related to future criminality. The third prong of Lent contemplates a degree of proportionality between the burden imposed by a probation condition and the legitimate interests served by the condition. An abstract or hypothetical relationship between the probation condition and preventing future criminality is insufficient. A condition can survive only when there is information in the record establishing a connection between the search condition and the probationer’s criminal conduct or personal history and when the burden imposed by the condition is proportionate to the legitimate interests served by that condition.

Authority:

In re Ricardo P. (2019) 7 Cal.5th 1113, 1121-1122

In re Alonzo M. (2019) 40 Cal.App.5th 156, 166

Seventh Holding:

Following Ricardo P. and Alonzo M., we conclude the broad-ranging electronics search condition burdens the minor’s privacy in a manner substantially disproportionate to the probation department’s legitimate interest in monitoring” his compliance with his probation terms, including the order to stay away from the victim.

Authority:

In re Alonzo M. (2019) 40 Cal.App.5th 156, 168

Discretion, Probation Parole PRCS, Standard of review

Case: 000244

Posted on by Gary McCurdy

Error and/or relief

The court erred by imposing a probation condition that required the defendant to submit to searches of her computers, recordable media, and electronic devices. The electronic search condition is not reasonably related to criminality. Because we conclude the electronic search condition is unreasonable under the Lent test, we do not consider whether it is unconstitutionally overbroad. Accordingly, we reverse the judgment of conviction in part and remand with instructions to strike the electronic search condition and consider whether a more narrowly tailored or alternative condition would be reasonable.

First Holding:

In Lent, the Supreme Court adopted a three-part test to determine whether a probation condition is reasonable and, therefore, statutorily valid. Generally, 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. This test is conjunctive—all three prongs must be satisfied before a reviewing court will invalidate a probation term.

Authority:

People v. Lent (1975) 15 Cal.3d 481, 486

People v. Olguin (2008) 45 Cal.4th 375, 379

Second Holding:

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. The essential question in an overbreadth challenge is the closeness of the fit between the legitimate purpose of the restriction and the burden it imposes on the defendant’s constitutional rights—bearing in mind, of course, that perfection in such matters is impossible, and that practical necessity will justify some infringement.

Authority:

In re Sheena K. (2007) 40 Cal.4th 875, 890

People v. Appleton (2016) 245 Cal.App.4th 717, 723

Third Holding:

We review conditions of probation for abuse of discretion. Specifically, we review a probation condition for an indication that the condition is arbitrary or capricious or otherwise exceeds the bounds of reason under the circumstances.

Authority:

In re Ricardo P. (2019) 7 Cal.5th 1113, 1118

Fines and fees, Probation Parole PRCS, Sentencing

Case: 000238

Posted on by Gary McCurdy

Error and/or relief

We strike the domestic violence probation fee. The defendant was sentenced to prison.

Holding:

The domestic violation probation fee is imposed only when a defendant is granted probation. It is not applicable when the defendant is sentenced to prison. the unauthorized fee must be stricken.

Authority:

PEN 1203.97(a)(5)

People v. Kirvin (2014) 231 Cal.App.4th 1507, 1520

People v. Scott (1994) 9 Cal.4th 331, 354

Jurisdiction, Probation Parole PRCS, Sentencing

Case: 000228

Posted on by Gary McCurdy

Error and/or relief

The defendant pleaded no contest to felony reckless evasion of a peace officer in a motor vehicle and misdemeanor driving with a prohibited blood alcohol concentration. The trial court granted probation for a period of three years. More than two years later, the defendant violated his probation, and the court imposed a felony prison term. The court lacked authority to impose a felony sentence because his violation of probation occurred after the first two years of the probationary term. We reverse the judgment and remand for resentencing.

Holding:

AB 1950 amended Penal Code sections 1203a and 1203.1 to restrict the length of most probation terms. (Stats. 2020, ch. 328, secs. 1, 2.) Effective January 1, 2021, misdemeanor probation terms are generally limited to one year and felony probation terms are generally limited to two years (sec.1203.1(a)). Exempt from these limits are offenses that ‘include specific probation lengths within their provisions.

Authority:

PEN 1203a

PEN 1203.1

AB 1950

People v. Saxton (2021) 68 Cal.App.5th 428, 431