P. v. Yang
Filed 5/19/06 P. v. Yang CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
----
THE PEOPLE, Plaintiff and Respondent, v. KOUCEY YANG, Defendant and Appellant. | C050648 (Super. Ct. No. 04F06310) |
Following the denial of his renewed motion to suppress the evidence against him, defendant Koucey Yang pled no contest to carrying a concealed weapon. The court suspended imposition of sentence and placed defendant on formal probation for four years with the condition that he register with law enforcement as a gang member.[1]
On appeal, defendant contends the court erred in denying his suppression motion and in requiring him to register as a gang member. Agreeing only with the last contention, we will remand the matter to the trial court to allow the People to prove that defendant's offense was gang related.
FACTUAL AND PROCEDURAL HISTORY
At approximately 6:00 p.m. on July 8, 2004, Sacramento Police Officer John Fan was on routine patrol when he noticed â€
