Bailey

People v. Bailey

Good Law
101 Cal. App. 4th 238·123 Cal. Rptr. 2d 729·2002 Cal. App. LEXIS 4511·2002 Daily Journal DAR 9455·2002 Cal. Daily Op. Serv. 7495
Court of Appeal of CaliforniaJuly 16, 2002No. H021567California2,138 words

Opinion

lead Opinion

Elia, J.

In this appeal, defendant Brian Thomas Bailey challenges a gang registration requirement imposed on him as a condition of probation under Penal Code section 186.30, part of the Gang Violence and Juvenile Crime *242 Prevention Act of 1998. Defendant contends that this provision, which became effective in March 2000 by the passage of Proposition 21, may not be applied to him because his offense took place in November 1999. He further contends that Penal Code section 186.32, which sets forth the duties of the registrant, is unconstitutionally vague and overbroad, that it violates the registrant’s right to remain silent and his right to counsel, and that it violates the single-subject rule expressed in article II, section 8, of the California Constitution. We will affirm the judgment.

Background

On March 31, 2000, defendant pleaded no contest to assault with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) and misdemeanor battery (Pen. Code, §§ 242, 243, subd. (a)). Defendant also admitted that the assault was committed for the benefit of or in association with a criminal street gang, within the meaning of Penal…

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