Legal Opinion

People v. Perez

California Court of Appeal

Decided August 4, 2009No. B213114PublishedCited by 7 opinions

1Opinion of the Court

Opinion

GILBERT, P. J.

Alejandro Miguel Perez pleaded guilty to second degree robbery. (Pen. Code, § 211.) His appeal concerns a single condition of probation imposed at his sentencing hearing that prohibits him from attending any court hearing or being “within 500 feet of any Court in which [he] is neither a defendant nor under subpoena.” Under the circumstances here, we conclude the probation condition is overbroad. We strike the probation condition and remand with instructions.

FACTS

Perez and his friends saw a young man named Luis near a store. Perez believed Luis was an El Rio gang member.…

2Cases cited25 opinions

  1. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  2. Marsh v. AlabamaSupreme Court of the United States · 1946
  3. Tennessee v. LaneSupreme Court of the United States · 2004
  4. People v. LentCalifornia Supreme Court · 1975
  5. People v. CarbajalCalifornia Supreme Court · 1995

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3Cited by7 opinions

  1. People v. E.O.California Court of Appeal · 2010
  2. People v. LeonCalifornia Court of Appeal · 2010
  3. People v. MartinezCalifornia Court of Appeal · 2014
  4. People v. NiceCalifornia Court of Appeal · 2016
  5. In Re EOCalifornia Court of Appeal · 2010

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