What is the test for determining whether a defendant's probation conditions must be related to the crime of Page 5, or to future criminality?
California, United States of America
The following excerpt is from People v. Davis, C084393 (Cal. App. 2019):
"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 Penal Code section 1203.1 to require that probation conditions which regulate conduct 'not itself criminal' be 'reasonably related to the crime of which the defendant
Page 5
was convicted or to future criminality.' [Citation.]" (People v. Carbajal (1995) 10 Cal.4th 1114, 1121.)
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