California, United States of America
The following excerpt is from People v. Garcia, A130419, Napa County Super. Ct. No. CR152246 (Cal. App. 2011):
Next, appellant challenges the conditions that require him to abstain from alcohol and to attend a 12-step treatment program. Appellant contends these conditions are invalid because his current offenses were not related to drugs or alcohol. It is true that appellant denied being under the influence of drugs or alcohol when he committed the crimes at issue. But a condition need not be based on the facts of the underlying crime to be valid. "[E]ven if a condition of probation has no relationship to the crime of which a defendant was convicted and involves conduct that is not itself criminal, the condition is valid as long as the condition is reasonably related to preventing future criminality." (People v. Olguin, supra, 45 Cal.4th at p. 380.) Here, the probation report indicates appellant has a long history of abusing drugs and alcohol. The report also indicates appellant has had mixed success dealing with those problems. Appellant reported that he graduated from the Napa County Adult Recovery Program in 2005 and from Project 90 in 2007. But information obtained by the probation department also indicated appellant enrolled in but failed to complete treatment programs offered by Project 90 and the Jericho project in 2009. Given appellant's history of alcohol and drug abuse and his
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