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Name: People v. Martin
Case #: E046579
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/24/2009
Subsequent History: rev. granted 10/21/09 (S175356)

The court properly imposed conditions of probation relating to domestic violence where a domestic violence count was dismissed. Pursuant to a plea agreement, Martin pleaded guilty to resisting arrest, and a charge of corporal injury to a spouse was dismissed. On appeal, he contended that the trial court improperly imposed probation conditions addressing domestic violence, since the court dismissed that charge and there was no Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754.) The appellate court rejected the argument and affirmed. Disagreeing with the Fifth Appellate District’s analysis of Harvey and its conclusion in People v. Beagle (2004) 125 Cal.App.4th 415, the court held that Harvey does not apply to probation conditions. The court was well within its discretion in imposing the domestic violence conditions in light of the victim’s statement that appellant struck and choked her. Even though the count was dismissed, the domestic violence conditions were reasonably related to appellant’s future criminality.