P. v. Gomez CA4/1
In February 2021, Chase Ryan Gomez pleaded guilty to one count of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). The court accepted the plea agreement and placed Gomez on probation for two years, subject to various terms and conditions.
At the sentencing hearing, Gomez objected to several proposed conditions. Among those objected to were a condition forbidding use of alcohol and one forbidding the use or possession of marijuana. Neither substance played any part in the events involved in the offense. The court struck the alcohol condition but declined to strike the marijuana condition. The only discernable difference apparent in the record is the statement of the probation officer that Probation did not think it appropriate for people on probation to possess marijuana.
Gomez appeals, challenging only the decision to impose the marijuana condition of probation.
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