People v. Garcia CA6

I. BACKGROUND

On November 19, 2011, defendant was arrested during a traffic stop in Gilroy for carrying a concealed firearm in a vehicle (Pen. Code, § 12025, subd. (a)(1)), possessing a firearm as a misdemeanant (Pen. Code, § 12021, subd. (c)(1)), and giving a false name to a peace officer (Pen. Code, § 148.9). According to the police report, the arresting officer noted Garcia‟s tattoos during the booking process, at which time Garcia admitted to associating with a Norteño street gang in San Jose. Garcia entered no contest pleas to the concealed weapon and false information charges. On January 30, 2012 he was placed on three years formal probation, and was ordered to serve six months in county jail. The court imposed several probation conditions which did not include gang-related proscriptions. Garcia reported to the probation department one week after he was released from jail. His cell phone and car were searched at that time. According to the probation officer‟s memorandum recommending modifications to Garcia‟s probation conditions, the cell phone contained gang-related photos, including a red “N” indicating Norteño gang affiliation. His phone also contained a video of two men…