In Re Vincent G.

People v. Vincent G.

Good Law
162 Cal. App. 4th 238·2008 Cal. App. LEXIS 600·75 Cal. Rptr. 3d 526
Court of Appeal of CaliforniaApril 23, 2008C055068California2,673 words

Opinion

Opinion

Sims, J.

The Yolo County Juvenile Court found that minor Vincent G. was within the provisions of Welfare and Institutions Code section 602 in that he possessed marijuana for sale. (Health & Saf. Code, § 11359.) He was adjudged a ward of the court and committed to the care and custody of his mother. Following a contested hearing, the court imposed gang-related conditions of probation (gang conditions).

On appeal, the minor contends the gang conditions are (1) not supported by sufficient evidence, (2) unconstitutionally vague and overbroad, and (3) unreasonable. We conclude hearsay evidence was properly admitted at the dispositional phase of this juvenile delinquency case. We conclude further that certain conditions of the minor’s probation must be modified to include the element of his personal knowledge.

FACTS

The facts of the marijuana offense are not at issue and need not be set forth in this opinion. The facts supporting the gang conditions will be set forth in the Discussion.

DISCUSSION

I

The minor contends the gang conditions are not supported by competent evidence because the only evidence offered was inadmissible hearsay to which he duly but unsuccessfully objected.…

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