Is a defendant barred from challenging the validity of a probation condition in an appeal from the order granting probation?

California, United States of America


The following excerpt is from People v. Murphy, C084973 (Cal. App. 2019):

Defendant's arguments go to the underlying validity of the probation condition. Pursuant to section 1237, subdivision (a), a defendant may appeal from an order granting probation. "In general, an appealable order that is not appealed becomes final and binding and may not subsequently be attacked on an appeal from a later appealable order or judgment. [Citations.] Thus, a defendant who elects not to appeal an order granting or modifying probation cannot raise claims of error with respect to the grant or modification of probation in a later appeal from a judgment following revocation of probation. [Citations.]" (People v. Ramirez (2008) 159 Cal.App.4th 1412, 1421.) Defendant did not contest the validity of his probation conditions in his appeal from the order granting probation and is therefore foreclosed from doing so in this appeal.

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