P. v. Garcia
Before a magistrate concerning two felony complaints, defendant Gabriel David Garcia entered negotiated guilty pleas to possession of methamphetamine (two counts), assault with force likely to produce great bodily injury, and driving under the influence of methamphetamine. The trial court suspended imposition of sentence and placed defendant on three years probation with conditions. On appeal, defendant contends that (1) the judgment is void because the trial court had no subject matter jurisdiction for the reason that the magistrate failed to certify the case to the trial court (Pen. Code, 859a), (2) the trial court abused its discretion by imposing certain conditions of probation that do not bear a relationship to the crimes of which he was convicted or future criminality (People v. Lent (1975) 15 Cal.3d 481, 486 (Lent)), and (3) the trial court erred by imposing certain conditions of probation that are constitutionality overbroad and vague (People v. Lopez (1998) 66 Cal.App.4th 615, 628 to 630 (Lopez)). Court affirm the judgment.
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