In re Eduardo G.
Filed 9/15/06 In re Eduardo G. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| In re EDUARDO G., a Person Coming Under the Juvenile Court Law. |
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| THE PEOPLE, Plaintiff and Respondent, v. EDUARDO G., Defendant and Appellant. |
F049655
(Super. Ct. No. JJD060109)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge.
Rachel Lederman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Louis M. Vasquez, William K. Kim and Leslie W. Westmoreland, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
The court adjudged appellant, Eduardo G., a ward of the court after Eduardo admitted petition allegations charging him with possession of a knife at school (Pen. Code, § 626.10, subd. (a)),[1] possession of marijuana on school grounds (Health & Saf. Code, § 11357, subd. (e)), and being a minor in possession of tobacco or tobacco paraphernalia (§ 308, subd. (b)). On December 1, 2005, the court placed Eduardo on probation on certain terms and conditions including that he register as a gang member, not leave Tulare County without prior permission from a parent and a probation officer, and not be present or near a court proceeding unless subpoenaed or otherwise notified to be present. On appeal, Eduardo challenges the imposition of the three above terms. We will find merit to Eduardo's challenge to the registration requirement and strike this requirement. In all other respects, we will affirm.
FACTS
On October 4, 2005, the assistant principal at Valley Oak Middle School in Visalia searched Eduardo and found a marijuana cigarette and a folding knife with a three-inch blade. After Eduardo was arrested, a police officer conducted a further search and found a blue bandana and a blue lighter. During questioning Eduardo stated that he stole the knife from his father approximately a year earlier. He began bringing it to the school the previous Monday because he was a Sureño gang member and he needed it for protection because some high-school-aged Norteño gang members wanted to jump him. Eduardo also admitted purchasing the marijuana from another student and smoking part of it in a school bathroom earlier that day.
On November 3, 2005, Eduardo admitted the three offenses noted above in exchange for the dismissal of an allegation that he possessed the knife on school grounds for the benefit of a criminal street gang (§ 186.22. subd. (d)).
On December 1, 2005, at Eduardo's disposition hearing, the court ordered Eduardo to register as a gang member. Defense counsel objected to the registration requirement and to a condition of probation requiring Eduardo to obtain permission from his parents and his probation officer before leaving Tulare County. He did not object to any other conditions.
DISCUSSION
The Registration Requirement
Eduardo contends the court erred in ordering him to register as a gang member because there was no evidence that his offenses were gang related. Respondent concedes and we agree.
Section 186.30 provides as follows:
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