P. v. Hollins
Defendant Rhuben Drew Hollins pled guilty to a charge of falsely impersonating another, thereby exposing the victim to liability, in violation of Penal Code section 529. The trial court placed him on probation on the condition, among others, that he refrain from using alcohol and avoid places where alcohol is sold. On appeal he objects to this condition on the ground that there was no evidence that consumption of alcohol has played any role in past misconduct by him and no reason to believe it has any bearing on the risk of future criminality. We find this objection sound. In imposing the condition the trial court was apparently laboring under the false impression that defendant had sustained a prior conviction for public drunkenness. In fact there is no evidence in this record that defendant has ever abused alcohol or any other drug; the only evidence of any use of intoxicants is two prior convictions based upon the possession of marijuana. We do not find in this history a reasonable basis to conclude that the inhibition-lowering effects of alcohol would significantly affect the risk of future criminal conduct by defendant. Accordingly, we will strike the alcohol prohibition and affirm the judgment as modified.
Comments on P. v. Hollins