California Court of Appeal

A judgment imposing a probation condition that requires the defendant to take any and all medication prescribed by her doctor is reversed where a medication requirement must be narrowly tailored and reasonably necessary to address an identifiable disorder, condition, or problem: 1) that defendant is currently suffering from; 2) that is reasonably related to her offense, future criminality, rehabilitation or reformation; and 3) for which medication is appropriate. The trial court did not abuse its discretion in imposing a probation condition barring defendant from possessing or consuming alcohol where the alcohol-related condition was reasonably related to defendant's rehabilitation and reformation.

Appellate Information

• Decided 02/18/2009
• Published 02/18/2009

Judges

• RUSHING, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Jonathan Grossman, Stockton, under appointment by the Court of Appeal for Appellant, for Defendant and Appellant Angelina Marie Murillo., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Seth K. Schalit, Supervising Deputy Attorney General, Sharon Wooden, Deputy Attorney General, Attorneys for Plaintiff and Respondent The People.