People v. Kwizera
THE PEOPLE, and v. IMAN KWIZERA, and
- Area
- criminal
- Panel
- Rourke (author)
Analysis
The trial court accepted a negotiated guilty plea for battery on a noninmate and imposed probation with a condition requiring the defendant to follow the course of conduct prescribed by the probation officer. The Court of Appeal affirmed the judgment, determining that the probation condition was reasonable and necessary to enable supervision of other court-ordered conditions.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Validity of probation condition 6.f ('Follow such course of conduct as the probation officer may prescribe')“The phrase “follow such course of conduct as the probation officer prescribes,” as used in condition 6.f is reasonable and necessary to enable the department to supervise compliance with the specific conditions of probation.” | abuse of discretion | correct | agree with court agree with court |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — Mandates independent review of the record by appellate counsel when no arguable issues are presented.
- relied: Anders v. California (1967) 386 U.S. 738 — Requires appointed counsel to file a brief identifying potential errors even if none are arguable.
- relied: People v. Lent (1975) 15 Cal.3d 481 — Establishes the standard for invalidating probation conditions based on lack of relationship to the crime or future criminality.
- relied: People v. Richards (1976) 17 Cal.3d 614 — Trial courts have broad discretion to determine probation conditions.
- relied: People v. Lafantasie (1986) 178 Cal.App.3d 758 — Supports the broad discretion of trial courts in setting probation conditions.
- relied: People v. Walmsley (1985) 168 Cal.App.3d 636 — Supports the broad discretion of trial courts in setting probation conditions.
- relied: People v. Keller (1978) 76 Cal.App.3d 827 — Probation conditions must be reasonable in relation to the seriousness of the offense.
- relied: People v. Martin (1973) 9 Cal.3d 687 — A defendant who pleads guilty cannot challenge the facts underlying the conviction on appeal.
- relied: People v. Jackson (1985) 37 Cal.3d 826 — A defendant who pleads guilty cannot challenge the facts underlying the conviction on appeal.
The appellate opinion: sound — The opinion correctly applies the standard for probation conditions under People v. Lent and distinguishes the condition as a mechanism for supervision rather than an independent grant of authority to impose new, unrelated requirements. It relies on statutory provisions (Pen. Code §§ 1202.8, 1203) to support the conclusion that the probation officer's role is supervisory.
The trial court accepted Kwizera's negotiated guilty plea to battery on a noninmate while confined in jail (Pen. Code, § 4131.5), suspended imposition of sentence, and placed him on three years' probation with 270 days in custody and a condition (6.f) that he follow such course of conduct as the probation officer may prescribe. On a Wende appeal, the Court of Appeal requested supplemental briefing on condition 6.f, held it a reasonable condition that merely enables the probation officer to supervise compliance with the court-imposed conditions, and affirmed the judgment.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Imposition of probation condition 6.f requiring the defendant to follow such course of conduct as the probation officer may prescribe“Condition 6.f is a reasonable probation condition to enable the department to supervise compliance with the other probation conditions.” | abuse of discretion | correct | agree with court The court correctly framed the inquiry under Lent and the statutory scheme (Pen. Code, §§ 1202.8, 1203) in which the court sets conditions and the probation officer supervises compliance. Its construction of 6.f as limited to implementing the specific conditions the court imposed, and as incapable of conferring authority the court itself lacked, is a reasonable limiting construction that avoids an unlawful delegation. The opinion does not, however, engage the line of cases condemning delegation of judicial functions to probation officers, which is the natural objection to the condition's facial breadth. |
Independent Wende review of the record, including the plea, sentence, effective assistance of counsel, and probation conditions, finding no arguable issues“Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende” | unclear | correct | agree with court The court followed the Wende/Anders procedure, offered the defendant a chance to file his own brief, and correctly noted that under Penal Code section 1237.5 a guilty plea forecloses challenge to the facts underlying the conviction. The opinion gives no detail on the plea colloquy or sentence, so the result cannot be verified from the opinion, but nothing in it suggests error. |
Authorities
- relied: People v. Lent (1975) 15 Cal.3d 481 — A probation condition is invalid only if it has no relationship to the crime, relates to conduct not itself criminal, and is not reasonably related to future criminality; otherwise a condition regulating noncriminal conduct is valid.
- relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed counsel finds no arguable issues, the appellate court must independently review the entire record for error.
- relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal frivolous may so advise the court while referring to anything in the record that might arguably support the appeal.
- relied: People v. Richards (1976) 17 Cal.3d 614 — The trial court has broad discretion in setting conditions of probation.
- relied: People v. Keller (1978) 76 Cal.App.3d 827 — A probation condition must be reasonable in relation to the seriousness of the offense.
- relied: People v. Lafantasie (1986) 178 Cal.App.3d 758 — Trial courts have broad discretion to determine probation conditions.
- relied: People v. Walmsley (1985) 168 Cal.App.3d 636 — Trial courts have broad discretion to determine probation conditions.
- relied: People v. Martin (1973) 9 Cal.3d 687 — A defendant who pleads guilty cannot challenge the facts underlying the conviction on appeal.
- relied: People v. Jackson (1985) 37 Cal.3d 826 — A guilty plea forecloses appellate challenge to the sufficiency of the facts underlying the conviction.
The appellate opinion: sound with gaps — The court applied Lent and the statutes governing probation supervision correctly and adopted a sensible limiting construction of condition 6.f, confining it to implementation of court-imposed conditions and denying it any power the court itself lacks. It did not, however, address the Court of Appeal authority holding that a court may not delegate judicial functions such as setting conditions or restitution amounts to the probation officer, which is the strongest objection to the condition's open-ended wording.
Opinion — Rourke
Opinion
O’ROURKE, J.Iman Kwizera entered a negotiated guilty plea to battery on a noninmate while confined in jail. (Pen. Code, §4131.5.) The court suspended imposition of sentence and placed him on three years’ probation including a condition he serve 270 days in custody.
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 [158 Cal.Rptr. 839, 600 P.2d 1071], Pursuant to Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], counsel refers to as possible but not arguable issues: (1) whether Kwizera was denied effective assistance of counsel; (2) whether Kwizera’s plea was constitutionally valid; (3) whether the sentence was in accord with the plea agreement; and (4) whether the probation conditions were unreasonable.1
We granted Kwizera permission to file a brief on his own behalf. He has not responded.
*1240We requested counsel to provide additional briefing on probation condition 6.f: “Follow such course of conduct as the probation officer may prescribe.” Penal Code section 1202.8, subdivision (a) provides, “Persons placed on probation . . . shall be under the supervision of the county probation officer who shall determine both the level and type of supervision consistent with the court-ordered conditions of probation.” Section 1203, subdivision (a) provides in part, “ ‘probation’ means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer.” Thus, by statute, the court sets conditions of probation and the probation officer supervises compliance with the conditions.
The trial court has broad discretion to determine probation conditions. (People v, Richards (1976) 17 Cal.3d 614, 619 [131 Cal.Rptr. 537, 552 P.2d 97]; People v. Lafantasie (1986) 178 Cal.App.3d 758, 761 [224 Cal.Rptr. 13]; People v. Walmsley (1985) 168 Cal.App.3d 636, 639 [214 Cal.Rptr. 170].) “A condition of probation will not be held invalid unless it ‘(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality . . . .’ [Citation.] Conversely, 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 of which the defendant was convicted or to future criminality.” (People v. Lent (1975) 15 Cal.3d 481, 486 [124 Cal.Rptr. 905, 541 P.2d 545].) A probation condition must also be reasonable in relation to the seriousness of the offense. (People v. Keller (1978) 76 Cal.App.3d 827, 838 [143 Cal.Rptr. 184].)
Thus, the court has the power and responsibility to impose conditions such as drug testing or reporting to the probation department. In order to supervise compliance with these conditions, the probation department must have authority to set the time and place for administration of the drug test or when the defendant is to report to the department. The phrase “follow such course of conduct as the probation officer prescribes,” as used in condition 6.f is reasonable and necessary to enable the department to supervise compliance with the specific conditions of probation. It does no more. Since the court does not have the power to impose unreasonable probation conditions, it could not give that authority to the probation officer through condition 6.f. When the clear words of Penal Code sections 1202.8 and 1203 are applied, the trial court has authority to empower the probation department with authority to supervise the probation conditions. Condition 6.f does not
*1241conflict with People v. Lent, supra, 15 Cal.3d 481, or authorize the probation officer to irrationally tell a defendant “to jump,” as defense counsel fears. Condition 6.f is a reasonable probation condition to enable the department to supervise compliance with the other probation conditions.
The judgment is affirmed.
Kremer, P. J., and Huffman, J., concurred.
Appellant’s petition for review by the Supreme Court was denied May 24, 2000.
Because Kwizera entered a guilty plea, he cannot challenge the facts underlying the conviction. (Pen. Code, § 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693 [108 Cal.Rptr. 809, 511 P.2d 1161]; People v. Jackson (1985) 37 Cal.3d 826, 836 [210 Cal.Rptr. 623, 694 *1240P.2d 736], overruled on other grounds as recognized in People v. Burton (1989) 48 Cal.3d 843, 863 [258 Cal.Rptr. 184, 771 P.2d 1270].) We need not recite the facts.
Cites, in this corpus
- People v. Burton S004691. Crim. 24589 · 1989-05-08
- People v. Lafantasie D003074 · 1986-03-11
- People v. Walmsley D001806 · 1985-05-09
- People v. Jackson Crim. 23622 · 1985-01-28
- People v. Wende Crim. 20851 · 1979-10-12
- People v. Keller Crim. 8565 · 1978-01-13
- People v. Richards Crim. 17985 · 1976-07-30
- People v. Lent Crim. 17984 · 1975-10-30
- People v. Martin Crim. 16790 · 1973-07-10
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