People v. Rodriguez CA1/3

DISCUSSION

I. GANG TERMS AS PROBATION CONDITIONS

A. Relevant Facts Before sentencing, the probation department submitted a report describing defendant’s juvenile and adult criminal history. His juvenile offenses included felony sale or possession of a weapon (former § 12020, subd.(a)(1)), misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and felony purchase or receipt of stolen vehicle or equipment (§ 496d, subd. (a)). As a juvenile, defendant was initially placed on probation with conditions that he participate in an intensive community action program (ICAP). Due to continued criminal activity, drug use, and gang affiliation, defendant, at age 16, was committed to New Foundations for four months. Following the completion of New Foundations, defendant was transferred back to ICAP. On January 22, 2008, the court sustained petitions for defendant’s failure to register as a gang member and comply with gang-related probation conditions. He was again sent to New Foundations for four months. Following his completion of New Foundations, defendant continued to use drugs leading to the court’s termination of its jurisdiction “unsuccessfully” on…