In Re Eduardo C.

People v. Eduardo C.

Good Law
108 Cal. Rptr. 2d 924·2001 Cal. App. LEXIS 553·2001 Daily Journal DAR 7457·90 Cal. App. 4th 937·2000 Cal. Daily Op. Serv. 6125
Court of Appeal of CaliforniaJuly 19, 2001B142094California1,017 words

Opinion

Opinion

Hastings, J.

Appellant, Eduardo C., pled guilty to the crime of battery on a school ground. (Pen. Code, § 243.2, subd. (a); all further references will be to this code unless otherwise noted.) Appellant was placed home on probation for a period of one year and was additionally ordered to register with the local police department as a gang member pursuant to section 186.30. Appellant challenges the order to register on various constitutional grounds, and as applied to him. We conclude the record is devoid of any facts supporting imposition of the duty to register on appellant and we reverse that portion of the sentence.

Statement of Facts

On April 24, 2000, a juvenile petition was filed against appellant alleging a single count: “On or about 01/05/2000 within the County of Los Angeles, the crime of Battery on School, Park, or Hospital Property, in violation of Penal Code 243.2(A), a Misdemeanor, was committed by said minor, who did willfully and unlawfully use force and violence upon Raymond [C.] while on school and park property and on the grounds of a public and private [school].”

Appellant was arraigned on April 24, 2000, and denied the allegations of the petition.

On May 23,…

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