Is a term of probation invalid if it has no relation to the crime of which the offender was convicted of?

California, United States of America


The following excerpt is from People v. Moreno, E056441 (Cal. App. 2013):

[Citations.] . . . [] However, the trial court's discretion in setting the conditions of probation is not unbounded." (People v. Lopez (1998) 66 Cal.App.4th 615, 624.) A term of probation is invalid if it "'(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality . . . .' [Citation.]" (People v. Lent (1975) 15 Cal.3d 481, 486, superseded on another ground by a voter enacted proposition as stated in People v. Wheeler (1992) 4 Cal.4th 284, 290-295.)

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