Mena

McDONALD, J. —

A jury convicted defendant Joaquin Mena of two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); [1] counts 1 & 2), and one count of carrying a concealed dirk or dagger (§ 12020, subd. (a)(4); count 3), and found true the special allegations that Mena committed counts 1 and 2 for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The court placed Mena on probation. On appeal, Mena asserts the court abused its discretion by denying his motion for a pretrial lineup, and the terms of his probation are vague and overbroad.

On April 13, 2007, 15-year-old Jesus C. and 17-year-old Jonathan F. were walking home. As they crossed an intersection, two cars (each carrying several men) stopped in the intersection. An occupant from one car got out, asked the boys, "How's the East Side treating you?" and walked toward them. Jesus knew they were in an area claimed by the East Side gang as its territory, and thought the man was an East Side member. Jesus replied "I don't bang," signifying he was not involved in any gangs.

The man responded by swinging his fist at Jesus; the other occupants of the cars got out and approached Jesus. One of the men…