People v. Plancarte CA1/5

BACKGROUND

According to the probation report, in May 2014 police officers saw appellant, a documented Sureno gang member, near a Sureno gang area. The officers knew appellant had recently escaped from a juvenile camp placement, had an outstanding felony warrant, and was on probation with standard gang terms. Appellant ran from the officer and continued to run after the officer twice called out, “Police, stop.” When appellant was later found trying to hide in a truck, he struggled with the arresting officer. Appellant subsequently pled no contest to one count of obstructing a peace officer (Pen. Code, § 148, subd. (a)(1)) for the benefit of a criminal street gang with the intent to promote and assist in criminal conduct by gang members (id., § 186.22, subd. (d)). The trial court placed appellant on formal probation for four years.

DISCUSSION

Appellant objects, as he objected below, to the following probation condition: “Stay at least 100 yards away from any residence or vehicle that you know contains, or person that you know has, any firearm, ammunition, or other dangerous or deadly weapon, except for neighbors who have such weapons, but Defendant may not enter such…