Mr. Soto was convicted of felony DUI and placed on probation. One of his probation terms was that he "not change [his] place of residence from Monterey County or leave the state of California without permission of the probation officer or further order of the court." Soto appeals this probation term.
The Sixth District finds this probation term invalid.
A probation term is invalid if, [1] it has no relationship to the crime of conviction; [2] it relates to conduct which is not itself criminal; and, [3] it involves conduct not reasonably related to future criminality. The panel finds the residency/travel term satisfies all three and strikes the term. It also implies that it would probably be valid to require Soto to notify his probation officer of his interstate travel.
The balance of the opinion is an exhaustive analysis of fines, fees, and assessments. If you want to understand how a 300 dollar statutory fine ends in a total bill of 2,000 dollars, the latter half of this opinion will explain it to you.
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