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Legal Opinion

People v. Martinez

California Court of Appeal

Decided March 5, 2004No. A103502PublishedCited by 1 opinion

1Opinion of the Court

Opinion

SWAGER, J.

A gang registration requirement was imposed upon defendant pursuant to Penal Code section 186.30 as part of his sentence following revocation of probation and upon entry of a plea of no contest to auto burglary (Pen. Code, § 459).1 We conclude that the evidence in the record does not support the finding that the crime was gang related, and strike the gang registration order.

STATEMENT OF FACTS AND PROCEDURAL HISTORY 2

Case No. MCR 411232

Defendant was arrested on December 1, 2002, after he was discovered by a Santa Rosa police officer in a car with a 14-year-old girl. He…

2Cases cited17 opinions

  1. People v. GardeleyCalifornia Supreme Court · 1996
  2. Day v. City of FontanaCalifornia Supreme Court · 2001
  3. Robert L. v. Superior CourtCalifornia Supreme Court · 2003
  4. People v. BirkettCalifornia Supreme Court · 1999
  5. Horwich v. Superior CourtCalifornia Supreme Court · 1999

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3Cited by1 opinion

  1. People v. MartinezCalifornia Court of Appeal · 2004

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