People v. Escobar CA1/2

STATEMENT OF THE CASE

On July 26, 2012, appellant was placed on probation for three years, with conditions including an order that he was “not to be a member of any gang, nor associate with any known gang members, nor frequent places where gang members congregate.” On April 29, 2013, the prosecutor filed a petition for revocation of probation alleging violation of this condition. After a contested hearing, the trial court found appellant had violated his probation by being in an area where gang members congregate. On May 24, 2013, the court ordered probation reinstated, to expire on July 26, 2015, and ordered appellant to serve 90 days in jail and pay a probation restitution fine.

1 Appellant filed a timely notice of appeal on June 12, 2013. His opening brief on the appeal was filed on October 22, 2013, claiming the probation condition he allegedly violated was unconstitutionally vague and there was insufficient evidence of the violation. Respondent’s brief was filed on January 30, 2014, and on February 10, 2014, with the filing of appellant’s reply, the appeal was fully briefed. Appellant requested oral argument. On March 12, 2014, the prosecutor filed a new petition for…