What is the test for granting probation for a defendant who has a history of alcohol abuse?

California, United States of America


The following excerpt is from People v. Torrez, H036145 (Cal. App. 2011):

Penal Code section 1203.1 specifically states that in granting probation, the court is to determine what conditions are "fitting and proper to the end that justice may be done, that amends may be made to society for the breach of the law, for any injury done to any person resulting from that breach, and generally and specifically for the reformation and rehabilitation of the probationer." ( 1203.1, subd. (j).) Defendant acknowledges that the trial court has broad discretion to select appropriate probation conditions in an individual case, those aimed at promoting rehabilitation and the protection of public safety, as expressed in Penal Code section 1203.1. (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) He nonetheless argues that the alcohol prohibition constitutes an abuse of that discretion.

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