People v. Alvarez CA2/6
B333729
Cal. Ct. App.Apr 14, 2025Background
- Jesus Alvarez was convicted by a jury of possessing a firearm in violation of his probation.
- The trial court suspended imposition of sentence and granted probation, with 240 days in county jail.
- As a condition of probation, the court imposed restrictions on alcohol and marijuana use/possession, over defense objections.
- Alvarez has a documented history of substance abuse, including methamphetamine, and prior drug-related offenses stated in the probation report.
- Alvarez argued on appeal that substance abuse probation terms were invalid under People v. Lent and unconstitutionally overbroad; alternatively, that counsel was ineffective for not objecting on constitutional grounds.
- The appellate court affirmed the probation terms and the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of alcohol/marijuana probation conditions under Lent | Conditions are valid given appellant’s substance abuse history | Conditions are invalid since the crime was not drug- or alcohol-related | Conditions are valid; not an abuse of discretion |
| Overbreadth of marijuana condition | Not addressed; argues challenge forfeited for not being raised below | Conditions are unconstitutionally overbroad as applied | As-applied challenge forfeited for not being raised; no facial overbreadth presented |
| Ineffective assistance of counsel for failing to object on overbreadth grounds | No deficiency or prejudice since condition is valid | Counsel was ineffective for not objecting to overbreadth | No prejudice; condition would still be imposed |
Key Cases Cited
- People v. Lent, 15 Cal.3d 481 (Cal. 1975) (sets out three-prong test for probation conditions)
- People v. Carbajal, 10 Cal.4th 1114 (Cal. 1995) (court’s broad discretion in setting probation conditions)
- People v. Olguin, 45 Cal.4th 375 (Cal. 2008) (reiterates Lent test for probation conditions)
- In re Ricardo P., 7 Cal.5th 1113 (Cal. 2019) (all prongs of Lent must be met for invalidation of probation conditions)
- People v. Beal, 60 Cal.App.4th 84 (Cal. Ct. App. 1997) (empirical nexus between alcohol and drugs supports such probation conditions)