People v. Whittington

In this appeal by the defendant, Alvin M. Whittington, the only issue raised is whether it was proper for the trial court to impose as a condition to the defendant’s probation the requirement that he shall neither smoke, ingest nor otherwise use alcoholic beverages, forbidden drugs or marijuana. The appeal is taken from an order modifying the defendant’s probation.

In 1976, the defendant pleaded guilty to the offense of unlawful possession of a controlled substance and was placed on probation for three years. Subsequently, on January 10,1978, the defendant confessed a petition to revoke…