Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court?

California, United States of America


The following excerpt is from People v. F. M. (In re F. M.), H039667 (Cal. App. 2014):

The Attorney General asserts appellate courts review probation conditions for an abuse of discretion. Actually, we review challenges to the reasonableness of conditions for an abuse of discretion if the issue was raised in the trial court. (People v. Rodriguez (2013) 222 Cal.App.4th 578, 585 (Rodriguez).) However, a trial court has no discretion to impose an unconstitutionally vague probation condition. "If the vagueness of a

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probation condition may be corrected 'without reference to the particular sentencing record developed in the trial court' [citation], an issue of law arises subject to de novo review on appeal." (People v. Mendez (2013) 221 Cal.App.4th 1167, 1172 (Mendez).)

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