People v. Esquivel CA6

INTRODUCTION

Defendant Antonio Esquivel pleaded no contest to a count of vehicle theft (Veh. Code, § 10851, subd. (a)) and was placed on probation. After defendant admitted a probation violation, the trial court reinstated probation with additional terms and conditions. On appeal, defendant challenges one of the conditions that limits his attendance at any court proceeding involving a member of a criminal street gang. He contends that the condition is unconstitutionally overbroad. As we will explain, we will modify the challenged condition and affirm the order as so modified.

BACKGROUND1

On August 27, 2012, the district attorney filed a complaint charging defendant with one count of vehicle theft (Veh. Code, § 10851, subd. (a)). On October 18, 2012,

1 The underlying facts are neither relevant nor part of the record on appeal. defendant pleaded no contest to the charge. The trial court suspended imposition of sentence and placed defendant on probation for three years with various terms and conditions, including a 60-day jail term. On May 16, 2013, defendant admitted a probation violation. He also pleaded guilty to exhibiting an imitation firearm (Pen. Code, § 417.4). The trial…