In Re Pedro Q.

People v. Pedro Q.

Good Law
1989 Cal. App. LEXIS 397·209 Cal. App. 3d 1368·257 Cal. Rptr. 821
Court of Appeal of CaliforniaApril 26, 1989G006077California1,601 words

Opinion

Opinion

Sonenshine, J.

Pedro Q. appeals his California Youth Authority (CYA) commitment. In the published portion of this opinion, we consider his contentions that probation conditions restricting his travel were improperly imposed by the probation officer and were, in any event, unconstitutional.

I

In March 1986 Pedro was placed on juvenile probation for assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) The following terms were imposed: (1) commitment to Los Pinos Conservation Camp for nine months; (2) no association with members of “F-Troop,” a Santa Ana gang to which the minor belonged; (3) participation in a program of therapy and counseling as directed; (4) submission to search and seizure; and (5) no use or possession of alcohol, drugs or dangerous weapons.

On May 18, 1987, Pedro’s probation officer, Robert Gates, added several conditions to his probation, including an 8 p.m. curfew and a directive not to be in an area bounded by First, Bristol, Raitt and McFadden Streets, the operating territory of F-Troop. Gates explained the new terms to Pedro, who stated he understood and, at Gates’s request, placed his initials next to the conditions.

In June 1987 a supplemental…

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