What evidence supports a probation condition that prohibits a defendant from consuming alcohol or taking illegal drugs?

California, United States of America


The following excerpt is from People v. Wright, 249 Cal.Rptr.3d 410, 37 Cal.App.5th 120 (Cal. App. 2019):

Nothing in the record indicates defendant had used illegal drugs or consumed alcohol. Although we review the trial court's order under the deferential abuse of discretion standard ( Moran, supra , 1 Cal.5th at p. 403, 205 Cal.Rptr.3d 491, 376 P.3d 617 ), there is simply no support in this record for the challenged probation condition. (Cf.

[249 Cal.Rptr.3d 443]

People v. Shimek (1988) 205 Cal.App.3d 340, 342-343, 252 Cal.Rptr. 214

[37 Cal.App.5th 156]

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