From Casetext: Smarter Legal Research

People v. Smith

Court of Appeal of California, Second District, Division Five
Aug 15, 1983
145 Cal.App.3d 1032 (Cal. Ct. App. 1983)

Summary

upholding probation condition restricting alcohol use where defendant used drugs and was convicted of drug offense

Summary of this case from People v. Farley

Opinion

Docket No. 43147.

August 15, 1983.

Appeal from Superior Court of Los Angeles County, No. A377195, Diane L. Wayne, Judge.

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Nancy Ann Stoner, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Howard J. Schwab and Donald F. Roeschke, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION


(1a) The sole issue in this appeal is the propriety of a condition of probation ordering the defendant not to drink any alcoholic beverages and to stay out of places where they are the chief item of sale. Defendant had pled guilty to possession of PCP (Health Saf. Code, § 11377), proceedings were suspended, and defendant was placed on probation for a period of three years on various terms and conditions. Defendant does not contest any of the probationary conditions imposed relating to drug use. He challenges the probation condition restricting the use of alcoholic beverages on the grounds that it bears no relationship to his drug crime or to his future criminality. We have carefully examined the record and find no merit in defendant's contention. Accordingly, we affirm the judgment.

The defendant was 26 years of age at the time he was sentenced in this case. His probation report indicated that he had an extensive involvement with drugs dating back to the time he was 11 years of age, when he began using both marijuana and cocaine. At the time of his arrest in this case, a bottle containing 10 milliliters of liquid phencyclidine was found on defendant's person. In the opinion of the arresting officers, defendant was under the influence of phencyclidine when he was apprehended. Defendant's long criminal record includes a conviction for armed robbery. The probation report opined that defendant had several personality problems and concluded that defendant was in acute need of professional guidance in regards to drugs, employment, and education.

(2) "A condition of probation will not be held invalid unless it `(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality. . . .' [Citation.] Conversely, a condition of probation which requires or forbids conduct which is not itself criminal is valid if that conduct is reasonably related to the crime of which the defendant was convicted or to future criminality." ( People v. Lent (1975) 15 Cal.3d 481, 486 [ 124 Cal.Rptr. 905, 541 P.2d 545], citing in part, People v. Dominguez (1967) 256 Cal.App.2d 623, 627 [ 64 Cal.Rptr. 290].)

Drug addiction is defined by the United Nations World Health Organization as follows: "Drug addition is a state of periodic or chronic intoxication detrimental to the individual and to society, produced by the repeated consumption of a drug (natural or synthetic). Its characteristics include: a. An overpowering desire or need (compulsion) to continue taking the drug and to obtain it by any means; b. A tendency to increase the dose; c. A psychic (psychological) and, sometimes, a physical dependence on the effects of the drug." (1b) The use of alcohol produces many effects similar to the effects produced by marijuana, barbiturate and other sedative hypnotics. Sensorial impairment is present, there is a lessening of internalized self-control, and euphoria, accompanied by a reduction of anxiety, is experienced. Alcoholic euphoria is accompanied by activity and aggressive behavior, while barbiturate and marijuana euphoria is accompanied by lethargy. Drinking at any time, even for the social, controlled drinker who can stop at will, can lead to a temporary relaxation of judgment, discretion, and control. Alcohol acts as a depressant on the nervous system. The quantitative and qualitative results depend on factors that vary between individuals, and in the same individuals at different times, due to fatigue, sugar metabolism, and psychological state including mood, thought, and specific stimuli. The impairment of judgment and motor skills resulting from the consumption of alcohol will also vary with each individual depending upon the amount of alcohol they have consumed in a given period of time, their weight, age, and whether they have been eating. The bottom line, however, is the undisputed fact that the physical effects of alcohol are not conducive to controlled behavior.

Pollack, Drug Use and Narcotic Addiction (1967) University of Southern California Institute of Psychiatry and Law for the Judiciary, pages 1-2.

Pollack, Drug Use and Narcotic Addiction (1967) University of Southern California Institute of Psychiatry and Law for the Judiciary, pages 1, 4-5.

Seliger and Cranford, Alcoholic Criminal (1949) Encyclopedia of Criminology, pages 10-16.

In this case we are dealing with an individual who is emotionally unstable, has a poorly integrated personality, and has been convicted of criminal offenses against society. Given the nexus between drug use and alcohol consumption, we find no abuse of discretion in the imposition of the condition of probation relating to alcohol usage. It is reasonably related to the crime of which the defendant was convicted and to future criminality.

The judgment is affirmed.

Ashby, J., and Hastings, J., concurred.

A petition for a rehearing was denied September 13, 1983.


Summaries of

People v. Smith

Court of Appeal of California, Second District, Division Five
Aug 15, 1983
145 Cal.App.3d 1032 (Cal. Ct. App. 1983)

upholding probation condition restricting alcohol use where defendant used drugs and was convicted of drug offense

Summary of this case from People v. Farley

rejecting challenge to alcohol-related probation condition where the defendant was convicted of possessing PCP and was under its influence at the time of his arrest due to "the nexus between drug use and alcohol consumption"

Summary of this case from People v. Mora

In Smith, the court cited the defendant's emotional instability and need for mental health intervention as a basis for affirming the no-alcohol probation condition.

Summary of this case from People v. Boulerice

commenting on similarity of effects of alcohol to effects of marijuana and other drugs, including "lessening of internalized self-control"

Summary of this case from People v. Tobar

commenting on similarity of effects of alcohol to effects of marijuana and other drugs, including "lessening of internalized self-control"

Summary of this case from People v. Tobar

commenting on similarity of effects of alcohol to effects of marijuana and other drugs, including "lessening of internalized self-control"

Summary of this case from People v. Stewart

In People v. Smith (1983) 145 Cal.App.3d 1032, 1034-1035 (Smith), for example, the Court of Appeal upheld a condition prohibiting use or possession of alcohol for a probationer convicted of possessing phencyclidine (PCP) because of the "nexus between drug use and alcohol consumption."

Summary of this case from People v. Ortega

equating alcoholic euphoria with aggressive behavior

Summary of this case from People v. Jae

describing nexus between drug use and alcohol consumption

Summary of this case from L. A. Cnty. Dep't of Children & Family Servs. v. Wayne D. (In re Wayne D.)

In People v. Smith (1983) 145 Cal.App.3d 1032, 1033, the court approved probation conditions prohibiting a defendant convicted of possession of PCP from consuming alcohol and requiring him to stay out of establishments where it was the chief item for sale.

Summary of this case from People v. Rodriguez

In People v. Smith (1983) 145 Cal.App.3d 1032 (Smith), the court concluded a no-alcohol condition was reasonably related to the defendant's conviction for PCP possession and to his future criminality because he had an "extensive involvement with drugs," was "emotionally unstable," and had "a poorly integrated personality."

Summary of this case from People v. Medina-Quijas

noting the "nexus between drug use and alcohol consumption"

Summary of this case from People v. Stangl

Drinking at any time, even for a drinker who can stop at will, "can lead to a temporary relaxation of judgment, discretion, and control." The physical effects of alcohol are "not conducive to controlled behavior."

Summary of this case from People v. Sanchez

In People v. Smith (1983) 145 Cal.App.3d 1032, 1034-1035, the defendant was convicted of possessing PCP and was under its influence at the time of his arrest.

Summary of this case from People v. Hollins

In People v. Smith (1983) 145 Cal.App.3d 1032 (Smith), the court concluded that a no-alcohol condition was reasonably related to the defendant's conviction for PCP possession and to his future criminality because he had an "extensive involvement with drugs," was "emotionally unstable," and had "a poorly integrated personality."

Summary of this case from People v. Caylao

In People v. Smith, supra, 145 Cal.App.3d at pages 1034-1035, the court observed that "[d]rinking at any time, even for the social, controlled drinker who can stop at will, can lead to a temporary relaxation of judgment, discretion, and control" and that it "is the undisputed fact that the physical effects of alcohol are not conducive to controlled behavior."

Summary of this case from People v. Ibarra

In People v. Smith (1983) 145 Cal.App.3d 1032 (Smith), for example, the appellate court upheld such a condition where the defendant pled guilty to possession of PCP.

Summary of this case from People v. Martinez

In People v. Smith (1983) 145 Cal.App.3d 1032, the court concluded that a no-alcohol condition was reasonably related to the defendant's conviction for PCP possession and to his future criminality, because he had an "extensive involvement with drugs," was "emotionally unstable," and had "a poorly integrated personality...."

Summary of this case from People v. Eckhardt

In People v. Smith (1983) 145 Cal.App.3d 1032, the court concluded that a no-alcohol condition was reasonably related to the defendant's conviction for PCP possession and to his future criminality, because he had an "extensive involvement with drugs," was "emotionally unstable," and had "a poorly integrated personality."

Summary of this case from People v. Torrez

In People v. Smith (1983) 145 Cal.App.3d 1032 (Smith), the defendant was convicted of possessing PCP and was under the influence of PCP at the time of his arrest.

Summary of this case from People v. Holiday

In People v. Smith (1983) 145 Cal.App.3d 1032, the court found that prohibitions placed on alcohol use and presence in locations where alcohol was the primary item for sale were proper.

Summary of this case from People v. Gonzales

In Smith, defendant was convicted of possession of phencyclidine (PCP) and was under the influence of PCP at the time of his arrest.

Summary of this case from People v. Lindsay
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MITCHELL CARL SMITH, Defendant…

Court:Court of Appeal of California, Second District, Division Five

Date published: Aug 15, 1983

Citations

145 Cal.App.3d 1032 (Cal. Ct. App. 1983)
193 Cal. Rptr. 825

Citing Cases

People v. Gonzales

A number of cases have considered alcohol-related conditions of probation. In People v. Smith (1983) 145…

People v. Biggane

We regard Kiddoo, supra, 225 Cal.App.3d 922, as an aberration of limited enduring validity. Even before…