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Name: People v. Beagle
Case #: F044486
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/28/2004

A dismissed drug charge cannot be the basis for a drug-related probation condition. The defendant entered into a plea agreement in which a drug charge was dismissed. At sentencing, the court imposed a drug-related probation condition. The Court of Appeal held that the rule of People v. Harvey (1979) 25 Cal.3d 754 applies to probation conditions, so that the sentencing court was precluded from considering the dismissed charge in setting conditions of probation. The case was thus remanded for reconsideration.