Martinez

A gang registration requirement was imposed upon defendant pursuant to Penal Code section 186.30 as part of his sentence following revocation of probation and upon entry of a plea of no contest to auto burglary (Pen.Code, § 459). [1] We conclude that the evidence in the record does not support the finding that the crime was gang related, and strike the gang registration order.

Defendant was arrested on December 1, 2002, after he was discovered by a Santa Rosa police officer in a car with a 14-year-old girl. He subsequently admitted that he "had sex" with the girl, and knew "she was only 14." The arresting officer discovered that defendant "was on CYA parole" and was a "certified Sureno gang member."

On December 17, 2002, defendant entered a negotiated no contest plea to a charge of unlawful sexual intercourse with a minor (§ 261.5, subd. (c)). In accordance with the plea bargain, on January 22, 2003, he was placed on probation for 36 months, upon the condition, among others, that he not associate with known gang members, or wear gang attire or colors.

At 11:42 p.m. on January 12, 2003, a Santa Rosa police officer responded to a report of auto burglaries in the…