Perez

People v. Perez

Good Law
176 Cal. App. 4th 380·2009 Cal. App. LEXIS 1281·97 Cal. Rptr. 3d 632·2009 WL 2371077
Court of Appeal of CaliforniaAugust 4, 2009B213114California1,700 words

Opinion

Opinion

Gilbert, J.

Alejandro Miguel Perez pleaded guilty to second degree robbery. (Pen. Code, § 211.) His appeal concerns a single condition of probation imposed at his sentencing hearing that prohibits him from attending any court hearing or being “within 500 feet of any Court in which [he] is neither a defendant nor under subpoena.” Under the circumstances here, we conclude the probation condition is overbroad. We strike the probation condition and remand with instructions.

FACTS

Perez and his friends saw a young man named Luis near a store. Perez believed Luis was an El Rio gang member. Luis had just bought a pair of pants for $29. Perez and his friends confronted Luis and exchanged unfriendly words. Perez tackled Luis and “then forcibly took his pants to make a point.”

Perez said that he believed that Luis and others had vandalized his brother’s property. He took the pants in retaliation for what had happened to his brother, and he was “sorry for what he did to” Luis. Perez said some of his friends are Colonia Chiques gang members, but “he never joined their gang.” He “tagged” for the La Colonia gang, however, and belonged to a graffiti “tagging crew called VC Tag.”

After Perez…

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