Legal Opinion · Dissent

People v. Olguin

California Supreme Court

Decided December 29, 2008No. S149303Published

1Dissent

KENNARD, J., Dissenting.

Defendant pled guilty to two counts of driving

with a blood-alcohol level in excess of 0.08 percent by weight. (Veh. Code, § 23152, subd. (b).) The trial court placed him on three years of supervised probation. Among the conditions of probation was that defendant, who had no history of animal abuse or keeping dangerous animals, notify the probation officer before obtaining any pets, and that he give 24 hours’ written notice “prior to any changes.” A divided Court of Appeal upheld this condition, as does a majority of this court. But in my view, the condition, which has…

2Cases cited3 opinions

  1. People v. LentCalifornia Supreme Court · 1975
  2. People v. MaysCalifornia Court of Appeal · 1998
  3. People v. MurphyCalifornia Supreme Court · 2005

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