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People v. Martin, S175356

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By FindLaw Staff on December 31, 2010 1:16 PM

Challenge to domestic  violence probation condition

People v. Martin, S175356, concerned a challenge to the court of appeal's affirmance of the trial court's imposition of domestic violence probation conditions upon a defendant convicted of resisting an officer by the use of force or violence.

In affirming, the court held that, although, when under a plea agreement a defendant pleads guilty to one or more charges in exchange for dismissal of one or more charges, the trial court cannot, in placing the defendant on probation, impose conditions that are based solely on the dismissed charge or charges unless the defendant agreed to them or unless there is a "transactional" relationship between the charge or charges to which the defendant pled and the facts of the dismissed charge or charges.  Here, because the defendant expressly agreed to the domestic violence conditions of probation, they were validly imposed.

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