California Court of Appeal

Trial court's imposition of various conditions on defendant's probation following conviction of drug related crimes is modified where: 1) the gang-association probation order is constitutionally defective because it lacks an explicit knowledge requirement; 2) the gang paraphernalia order is modified to include a knowledge requirement; 3) probation order with respect to the areas of gang-related activity is modified as it is constitutionally vague; and 4) the prohibition-from-court-proceedings condition is modified.

Appellate Information

• Decided 02/02/2010
• Published 02/02/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Attorney for Defendant and Appellant:  Elisa Nadeau Under appointment by the Court of Appeal Sixth District Appellate Program For Defendant and Appellant:  JOSEPH RUDY LEON, Attorneys for Respondent:  Edmund G. Brown, Jr. THE PEOPLE Attorney General of California Dane R. Gillette Attorney Chief Assistant Attorney General Gerald A. Engler Senior Assistant Attorney General Laurence K. Sullivan Supervising Deputy Attorney General René A. Chacón Supervising Deputy Attorney General Arthur Beever Deputy Attorney General