What is the legal test for a probation sentence where a defendant has been found guilty of a sexual assault and sentenced to probation?

California, United States of America


The following excerpt is from People v. Irvin, B275669 (Cal. App. 2017):

"The sentencing court has broad discretion to determine whether an eligible defendant is suitable for probation and, if so, under what conditions. [Citations.]" (People v. Carbajal (1995) 10 Cal.4th 1114, 1120 (Carbajal).) "In granting probation, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety pursuant to Penal Code section 1203.1. [Citations.]" (Id. at pp. 1120-1121.) " '[A] condition of probation which requires or forbids conduct which is not itself criminal is valid if that conduct is reasonably related to the crime

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of which the defendant was convicted or to future criminality.' [Citation.]" (Id. at p. 1123.)

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