California, United States of America
The following excerpt is from People v. Sanders, C083500 (Cal. App. 2018):
In People v. Leon (2010) 181 Cal.App.4th 943, 946, 952-953, for example, the court rejected the argument that a probation officer would judiciously enforce a probation condition that prohibited the defendant, who pleaded no contest to several drug possession offenses and admitted a criminal street gang enhancement, from going to court unless he was a party, subpoenaed as a witness, or had the probation officer's permission. In doing so, the court reasoned, "[w]hile the trial court might expect the probation officer to routinely grant permission to defendant to be present at a court proceeding or courthouse unless defendant appeared to have an unlawful purpose, a gang-related purpose, or some other purpose related to future criminality, the probation condition [did] not provide this standard for granting or withholding approval." (Id. at
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