probation condition bar (California) · Go Syfert
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probation condition bar in California

6 California opinions name it 1 courts 2021–2024 6 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
People v. Thrashgreen
calctapp · 1978 · cited in 2 California opinions naming this issue, 2023–2023
2 sentences

2023(See People v. Relkin (2016) 6 Cal.App.5th 1188, 1195 [“the condition’s limitation on interstate travel is closely tailored to the purpose of monitoring defendant’s travel to and from California not by barring his ability to travel altogether but by requiring that he first obtain written permission before doing so”]; In re Antonio R. (2000) 78 Cal.App.4th 937, 942 (Antonio R.) [a minor’s constitutional rights were not “impermissibly burdened” by a probation condition restricting travel to Los Angeles County from Orange County in light of the “safety valve” that allowed such travel with the per

2023(Relkin, supra, 6 Cal.App.5th at p. 1195 [“the condition’s limitation on interstate travel is closely tailored to the purpose of monitoring defendant’s travel to and from California not by barring his ability to travel altogether but by requiring that he first obtain written permission before doing so”]; In re Antonio R. (2000) 78 Cal.App.4th 937, 942 (Antonio R.) [a minor’s constitutional rights were not “impermissibly burdened” by a probation condition restricting travel to Los Angeles County from Orange County in light of the “safety valve” that allowed such travel with the permission of a

22
People v. Antonio R.green
calctapp · 2000 · cited in 2 California opinions naming this issue, 2023–2023
2 sentences

2023(See People v. Relkin (2016) 6 Cal.App.5th 1188, 1195 [“the condition’s limitation on interstate travel is closely tailored to the purpose of monitoring defendant’s travel to and from California not by barring his ability to travel altogether but by requiring that he first obtain written permission before doing so”]; In re Antonio R. (2000) 78 Cal.App.4th 937, 942 (Antonio R.) [a minor’s constitutional rights were not “impermissibly burdened” by a probation condition restricting travel to Los Angeles County from Orange County in light of the “safety valve” that allowed such travel with the per

2023(See People v. Relkin (2016) 6 Cal.App.5th 1188, 1195 [“the condition’s limitation on interstate travel is closely tailored to the purpose of monitoring defendant’s travel to and from California not by barring his ability to travel altogether but by requiring that he first obtain written permission before doing so”]; In re Antonio R. (2000) 78 Cal.App.4th 937, 942 (Antonio R.) [a minor’s constitutional rights were not “impermissibly burdened” by a probation condition restricting travel to Los Angeles County from Orange County in light of the “safety valve” that allowed such travel with the per

22
People v. Relkingreen
calctapp · 2016 · cited in 2 California opinions naming this issue, 2023–2023
2 sentences

2023(See People v. Relkin (2016) 6 Cal.App.5th 1188, 1195 [“the condition’s limitation on interstate travel is closely tailored to the purpose of monitoring defendant’s travel to and from California not by barring his ability to travel altogether but by requiring that he first obtain written permission before doing so”]; In re Antonio R. (2000) 78 Cal.App.4th 937, 942 (Antonio R.) [a minor’s constitutional rights were not “impermissibly burdened” by a probation condition restricting travel to Los Angeles County from Orange County in light of the “safety valve” that allowed such travel with the per

2023(Relkin, supra, 6 Cal.App.5th at p. 1195 [“the condition’s limitation on interstate travel is closely tailored to the purpose of monitoring defendant’s travel to and from California not by barring his ability to travel altogether but by requiring that he first obtain written permission before doing so”]; In re Antonio R. (2000) 78 Cal.App.4th 937, 942 (Antonio R.) [a minor’s constitutional rights were not “impermissibly burdened” by a probation condition restricting travel to Los Angeles County from Orange County in light of the “safety valve” that allowed such travel with the permission of a

22
People v. Burdengreen
calctapp · 1988 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024(See, e.g., People v. Arevalo, supra, 19 Cal.App.5th at p. 657 [residence]; People v. Burden (1988) 205 Cal.App.3d 1277, 1280-1281 [employment].) Gonzalez has not shown such conditions are invalid in all applications (People v. Patton, supra, 41 Cal.App.5th at p. 946 [facial challenge to a probation condition is a claim that a condition “cannot have any valid application”]); he merely speculates his probation officer will act unreasonably in approving his residence or employment.

11
People v. Arevalogreen
calctapp5d · 2018 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024(See, e.g., People v. Arevalo, supra, 19 Cal.App.5th at p. 657 [residence]; People v. Burden (1988) 205 Cal.App.3d 1277, 1280-1281 [employment].) Gonzalez has not shown such conditions are invalid in all applications (People v. Patton, supra, 41 Cal.App.5th at p. 946 [facial challenge to a probation condition is a claim that a condition “cannot have any valid application”]); he merely speculates his probation officer will act unreasonably in approving his residence or employment.

11
People v. Carbajalgreen
cal · 1995 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(See People v. Carbajal (1995) 10 Cal.4th 1114, 1120, fn. 5 ; In re Charles G. (2004) 115 Cal.App.4th 608, 611 .) A ruling on the validity of the challenged probation condition would have no practical effect and would not provide any effective relief to Reeves. 3 Reeves concedes that his probation condition challenge is moot, but asks us to consider the issue because, he argues, it is an issue of broad public interest that is likely to recur and the issue may recur between the parties here.

11
In Re Sheena K.green
cal · 2007 · cited in 1 California opinions naming this issue, 2021–2021
2 sentences

2021A defendant may raise for the first time on appeal a facial constitutional defect in a probation condition which claim involves “ ‘ “pure questions of law that can be resolved without reference to the particular sentencing record developed in the trial court.” ’ ” (In re Sheena K. (2007) 4 40 Cal.4th 875, 889 (Sheena K.).) A facial constitutional challenge to the “phrasing or language of a probation condition . . . does not require scrutiny of individual facts and circumstances but instead requires the review of abstract and generalized legal concepts—a task that is well suited to the role of

2021(Sheena K., supra, 40 Cal.4th at p. 887 .) Stated another way, not “ ‘all constitutional defects in conditions of probation may be raised for the first time on appeal, since there may be circumstances that do not present “pure questions of law that can be resolved without reference to the particular sentencing record developed in the trial court.” ’ ” (Id. at p. 889.) Such is not the case here.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
People v. Moran green
cal · 2016
2 sentences

2023“Imposing a limitation on probationers’ movements as a condition of probation is common, as probation officers’ awareness of probationers’ whereabouts facilitates supervision and rehabilitation and helps ensure probationers are complying with the terms of their conditional release. [Citations.] [¶] Although criminal offenders placed on probation retain their constitutional right to travel, reasonable and incidental restrictions on their movement are permissible.” (Moran, supra, 1 Cal.5th at p. 406 .) Case law has held that when a probation condition does not bar a person’s ability to travel al

2023“Imposing a limitation on probationers’ movements as a condition of probation is common, as probation officers’ awareness of probationers’ whereabouts facilitates supervision and rehabilitation and helps ensure probationers are complying with the terms of their conditional release. [Citations.] [¶] Although criminal offenders placed on probation retain their constitutional right to travel, reasonable and incidental restrictions on their movement are permissible.” (Moran, supra, 1 Cal.5th at p. 406 .) 30 Case law has held that when a probation condition does not bar a person’s ability to travel

22023–2023
People v. DeLeon green
cal · 2017
1 sentence

2023Because his probation was revoked, he is no longer on probation and therefore the issue is moot. “ ‘ “[W]hen, pending an appeal from the judgment of a lower court, and without any fault of the [opposing party], an event occurs which renders it impossible for this court, if it should decide the case in favor of [defendant], to grant him any effectual relief whatever, the court will not proceed to a formal judgment, but will dismiss the appeal” ’ as moot.” (People v. DeLeon (2017) 3 Cal.5th 640, 645 .) A probation condition challenge becomes moot after probation is terminated or revoked.

12023–2023
People v. Charles G. green
calctapp · 2004
1 sentence

2023(See People v. Carbajal (1995) 10 Cal.4th 1114, 1120, fn. 5 ; In re Charles G. (2004) 115 Cal.App.4th 608, 611 .) A ruling on the validity of the challenged probation condition would have no practical effect and would not provide any effective relief to Reeves. 3 Reeves concedes that his probation condition challenge is moot, but asks us to consider the issue because, he argues, it is an issue of broad public interest that is likely to recur and the issue may recur between the parties here.

12023–2023
People v. Hartley green
calctapp · 2016
1 sentence

2022As Hall establishes, there is already a general presumption that a probation condition violation must be willful.” (Id. at p. 1128, italics added.) 6 The court in Hartley stated that, at the time that case was decided, “[w]hether a no- contact probation condition must be ‘modified to explicitly include a knowledge requirement’ is an issue currently pending before the California Supreme Court.” (Hartley, supra, 248 Cal.App.4th at p. 633 .) That court cited In re A.S. (2014) 227 Cal.App.4th 400 , review granted and depublished September 24, 2014, review dismissed March 22, 2017, S220280.

12022–2022

Where else courts name it

CA 6 (2021–2024) KS 6 (2016–2026) TX 3 (2008–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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