In re Michael M.
The juvenile court sustained allegations that minor Michael M. unlawfully possessed a deadly weapon (Pen. Code, 12020; all statutory references are to this code) and engaged in street terrorism ( 186.22, subd. (a)). It also sustained an allegation that minor committed the offense for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b). The court found count 1 was a felony.
Minor appeals, contending the street terrorism count must be reversed because section 186.22, subd. (a) applies only to aiders and abettors and there was no evidence of such conduct on his part. He further argues his motion to exclude his confessions should have been granted based on violations of Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694] (Miranda), and finally that the condition of probation forbidding him to wear items denoting gang affiliation is unconstitutionally vague.
Court affirm the judgment. Minors first two assertions are not persuasive. However, we agree the condition of probation is too vague and modify the probation order to bar him from wearing apparel known to him to be associated with gang membership or affiliation.
Comments on In re Michael M.