People v. Martinez CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

In January 2015, Martinez approached the victim, displayed a knife, and demanded the victim’s keys.1 After the victim refused, Martinez’s juvenile co-offender grabbed the victim’s throat and pinned the victim to a wall. As he was released, the victim “felt a sharp object poke him in his back,” which he believed to be Martinez’s knife. Martinez and the co-offender fled and were eventually arrested by the Vacaville police. Martinez was charged with a felony count of attempted second degree robbery, accompanied by the allegation that he personally used a deadly and dangerous weapon, and a felony count of assault with a deadly weapon.2 Under a plea agreement, he pleaded no contest to the attempted-robbery count, and the enhancement allegation and remaining count were dismissed. The trial court suspended imposition of the sentence and placed Martinez on formal probation for four years. On appeal, Martinez challenges six probation conditions that appear under the heading “Gang Terms” in the written probation order. (Some capitalization omitted.) These conditions prohibit him from (1) “associating with any known gang members or associates of any…