In Re Adrian R.

Good Law
103 Cal. App. 4th 1046·127 Cal. Rptr. 2d 211
Court of Appeal of CaliforniaJanuary 22, 2003H022999California8,528 words

Opinion

Opinion

BAMATTRE-MANOUKIAN, Acting P.J.

Minor Adrian R. was charged along with two other juveniles with committing misdemeanor "ASSAULT AND BATTERY for the benefit of, at the direction of or in association with a criminal street gang in violation of section 186.22(d) of the Penal Code" on March 6, 2001. After a jurisdictional hearing, the court sustained the assault charge as to all three juveniles and continued minor as a ward of the juvenile court.

At the dispositional hearing, the court placed minor with his grandparents and imposed a number of probation conditions, including the following: no contact with the other two juveniles involved in the offense or the victim; "you are not to be present at any known gang gatherings, ... You're not to be around anyone whom you know is in a gang." Over minor's constitutional objections, the court found that the crime was gang-related and it ordered minor to register pursuant to Penal Code sections 186.30 and 186.32.

On appeal minor contends that the gang registration statutes are unconstitutional. He contends the initiative that enacted them violated the single-subject rule. He also contends the statutes are vague and overbroad and infringe on…

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