California Court of Appeal Mar 30, 2026 No. E085068Unpublished
Filed 3/30/26 P. v. Villanueva CA4/2
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E085068
v. (Super.Ct.No. RIF2404732)
ERIK VILLANUEVA, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Walter H. Kubelun,
Judge. Affirmed as modified with directions.
Lisa A. Kopelman, under appointment by the Court of Appeal, for Defendant and
Appellant.
Rob Bonta, Attorney General, Charles C. Ragland, Assistant Attorney General,
Arlene A. Sevidal and Randall D. Einhorn, Deputy Attorneys General, for Plaintiff and
Respondent.
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Defendant and appellant Erik Villanueva pled guilty to robbery. (Pen. Code,
§ 211, count 1.)1 The court placed defendant on formal probation for three years on
various terms and conditions. On appeal, defendant contends that the condition that he
participate in and complete, at his expense, any counseling, rehabilitation, or treatment
program deemed appropriate by his probation officer is unconstitutional. Defendant also
requests that the sentencing memorandum be amended to reflect the court’s waiver of all
fines and fees. The People concede both issues. We affirm as modified.
I. FACTUAL AND PROCEDURAL HISTORY
The People charged defendant by felony complaint with robbery (§ 211, count 1)
and exhibiting a deadly weapon (§ 417, subd. (a), count 2).
Pursuant to a plea agreement, defendant pled guilty to the robbery. The court
dismissed count 2 and placed defendant on formal probation for three years on various
terms and conditions, all of which defendant had previously discussed with his counsel
and to which he agreed. One of the probation conditions requires that defendant,
“Participate and complete at your expense any counseling, rehabilitation/treatment
program deemed appropriate by probation officer.”
The court also granted defense counsel’s request that all applicable fines and fees
be waived pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157, disapproved of by
People v. Kopp (2025) 19 Cal.5th 1, 22, which is reflected on the sentencing minute
1 All further statutory references are to the Penal Code.
2
order. However, the sentencing memorandum reflects that the court imposed a restitution
fine and court assessment fee.
II. DISCUSSION
Defendant maintains the probation condition requiring that he participate in
rehabilitative programs as directed by the probation officer is unconstitutionally vague
and an unconstitutional delegation of authority. Defendant also requests that the
sentencing memorandum be amended to reflect the court’s waiver of all fines and fees.
The People concede both issues.2 We affirm as modified.
“By leaving key determinations to be decided ad hoc, a vague probation condition
may . . . result in an impermissible delegation of authority to the probation officer.
[Citation.] Under the separation of powers doctrine (Cal. Const., art. III, § 3), judicial
powers may not be delegated to nonjudicial officers. [Citation.] While the probation
officer may properly specify the details necessary to effectuate the court’s probation
conditions, it is the court’s duty to determine the nature of the requirements imposed on
the probationer.” (People v. Smith (2022) 79 Cal.App.5th 897, 902 (Smith).)
“The court may leave to the discretion of the probation officer the specification of
the many details that invariably are necessary to implement the terms of probation.
2 We agree with the parties that the sentencing memorandum should be modified to accurately reflect the court’s oral pronouncement that all applicable fines and fees be waived. (People v. Serrano (2024) 100 Cal.App.5th 1324, 1340 [The oral pronouncement of judgment ordinarily controls when there is a discrepancy between it and the clerical recording of the judgment].) We shall direct the court to correct the sentencing memorandum. (People v. Contreras (2009) 177 Cal.App.4th 1296, 1300, fn. 3 [The reviewing court has the authority to correct clerical errors].)
3
However, the court’s order cannot be entirely open-ended.” (People v. O’Neil (2008)
165 Cal.App.4th 1351, 1358-1359 (O’Neil).)
A probation condition directing that a defendant participate in any treatment
program when considering another condition requiring a defendant complete a drug and
alcohol assessment and follow through with treatment as prescribed by the probation
officer passes constitutional muster. (Smith, supra, 79 Cal.App.5th at pp. 902-903.) This
is particularly true where the court’s oral comments reflect that the defendant needed
treatment for a substance abuse problem. (Id. at p. 903.)
However, where the condition includes the possibility of participation in a
residential treatment program, as directed by the probation officer, it is an improper
delegation of judicial authority. (Smith, supra, 79 Cal.App.5th at p. 903; People v. Cruz
(2011) 197 Cal.App.4th 1306, 1310 [Invalidating probation condition that gave the
probation officer “sole discretion” to decide whether the defendant should be subject to
global positioning system monitoring]; O’Neil, supra, 165 Cal.App.4th at pp. 1355, 1359
[Invalidating condition which provided, “You shall not associate socially, nor be present
at any time, at any place, public or private, with any person, as designated by your
probation officer”]; contra, People v. Kwizera (2000) 78 Cal.App.4th 1238, 1240-1241
[Upholding probation condition which directed defendant to “‘[f]ollow such course of
conduct as the probation officer may prescribe’”]; People v. Penoli (1996) 46
Cal.App.4th 298, 307 [Upholding condition that probation officer may “unilaterally
4
select a residential drug rehabilitation program and determine whether defendant
successfully completed that program”].)
Here, defendant’s condition does not specify the kind of program defendant might
be required to complete; rather, it allows defendant’s probation officer to determine
whether and in what type of program defendant could be ordered to participate. Thus, the
probation condition improperly delegates judicial authority to the probation officer.
III. DISPOSITION
The court is directed to either strike the counseling condition or modify it to
specify the type of program in which defendant is directed to participate. The court is
also directed to modify the September 26, 2024, sentencing memorandum to reflect that
the court waived all fines and fees. The judgment is otherwise affirmed.
LEE ______________________________________________________________________________________________________________________________________________________________________
J.
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AI Brief
AI-generated · verify before citing
Holding. The court held that a probation condition requiring a defendant to participate in any counseling or treatment program deemed appropriate by a probation officer constitutes an improper delegation of judicial authority. It further held that the sentencing memorandum must be corrected to reflect the court's oral pronouncement waiving all fines and fees.
Issues
Whether a probation condition granting a probation officer discretion to select any counseling or treatment program is an unconstitutional delegation of judicial authority.
Whether the sentencing memorandum must be amended to conform to the court's oral pronouncement waiving all fines and fees.
Disposition. Affirmed as modified with directions.
Quotations verified verbatim against the opinion
“the probation condition improperly delegates judicial authority to the probation officer.”
“The court is directed to either strike the counseling condition or modify it to specify the type of program in which defendant is directed to participate.”
“The court is also directed to modify the September 26, 2024, sentencing memorandum to reflect that the court waived all fines and fees.”