What is the effect of a probation condition that states that Lugo must not use force or violence against any person except in lawful self-defense or lawful defense of others?

California, United States of America


The following excerpt is from People v. Lugo, B300924 (Cal. App. 2020):

no allowance for [him] to exercise the constitutional right to self-defense under any circumstances." The Attorney General agrees that probation condition should be modified to state that Lugo is not to use or threaten to use force or violence against any person except in lawful self-defense or lawful defense of others. (See People v. Lopez (1998) 66 Cal.App.4th 615, 629 [probation condition that is not " 'sufficiently narrowly drawn' " may be modified].)

2. Lugo may raise any ability-to-pay issue in the trial court on remand

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