California, United States of America
The following excerpt is from People v. Valdivia, E059857 (Cal. App. 2014):
Defendant argues the trial court erred when it required defendant to participate in sex crime counseling without statutory authority to do so. The People concede and this court agrees, having found no statute authorizing the trial court to impose a requirement that defendant seek sex crime counseling while in prison. A court has discretion in sentencing, but this discretion must be based on punishment prescribed by statute. (People v. Lara (1984) 155 Cal.App.3d 570, 574.)
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