What is the test for determining whether a defendant's probation conditions must be related to the crime of that same crime?

California, United States of America


The following excerpt is from People v. Tavera-Estrada, C084063 (Cal. App. 2020):

"The trial court's discretion, although broad, nevertheless is not without limits: a condition of probation must serve a purpose specified in the statute. In addition, we have interpreted . . . section 1203.1 to require that probation conditions which regulate conduct 'not itself criminal' be 'reasonably related to the crime of which the defendant was convicted or to future criminality.' " (People v. Carbajal (1995) 10 Cal.4th 1114, 1121, quoting People v. Lent (1975) 15 Cal.3d 481, 486.)

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