In Re Jorge G.

People v. Jorge G.

Bad Law
117 Cal. App. 4th 931·12 Cal. Rptr. 3d 193·2004 Cal. App. LEXIS 502·2004 Daily Journal DAR 4564·2004 Cal. Daily Op. Serv. 3242
Court of Appeal of CaliforniaApril 13, 2004F043272California7,902 words

Opinion

Opinion

Wiseman, J.

In this case we consider the constitutionality of three gang registration provisions of the Street Terrorism Enforcement and Prevention Act (the STEP Act), as amended by Proposition 21, an initiative approved by the voters in the March 7, 2000, primary election. First, we address a void-for-vagueness challenge to a provision requiring registration as a gang member by any person convicted of, and any person who has had a petition sustained in juvenile court for, “[a]ny crime that the court finds is gang related at the time of sentencing or disposition.” (Pen. Code § 186.30, subd. (b)(3).) We apply a limiting construction to the term “gang related” and hold that, as limited, it is not unconstitutionally vague. We also conclude that the record does not contain sufficient evidence to support the juvenile court’s finding that the crimes of appellant Jorge G. (the minor) were gang related.

The second provision at issue requires those registering as gang members to provide a local law enforcement agency with a “written statement . . . giving any information that may be required by the law enforcement agency . . . .” (§ 186.32, subd. (a)(1)(C) [for juvenile registrants], subd.…

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