People v. Dominguez CA5

facts of the offense. 3Although the trial court imposed conditions of supervised release, we hereafter refer to the conditions as probation conditions as that is the term used in the parties’ briefs.

2. drugs and narcotics, the court ordered as follows: “Do not use or possess or associate with those who use or possess any dangerous drugs or narcotics, and do not use or possess any dangerous drugs or narcotics without a lawful prescription.” As to gang affiliation, the court ordered as follows: “Do not be involved in or associate with any person known to you to be a gang (meaning ‘a criminal street gang’ as defined in Penal Code Section[s] 186.22e and 186.22f) member. Do not wear or possess any item known to be such by you including any gang insignia, moniker or pattern, jewelry with gang significance, nor display insignia, moniker or other markings of gang significance known to be such by you on your person or property as may be identified by law enforcement or the Probation Officer, except that you shall not be required to remove the tattoos on your body that existed at the time of sentencing.”

DISCUSSION

I. Proposition

Dominguez argues she is entitled to relief…