P. v. Aguilar
Defendant Carlos Licea Aguilar was convicted by plea of one felony count of possession of a billy club (Pen. Code, 12020, subd. (a)(1))[1] and one misdemeanor count of possession of a switchblade knife ( 653k). Pursuant to the plea agreement, the court dismissed a gang enhancement ( 186.22, subd. (b)(1)(A)) attached to the possession of a billy club count, suspended imposition of sentence, and placed defendant on probation for three years, on the condition that he serve 45 days in the county jail. Other conditions of his probation included submitting to chemical testing as directed by the probation department, completion of a substance abuse program, and gang registration pursuant to sections 186.30 and 186.32.
On appeal, defendant contends there was insufficient evidence to support imposition of the gang registration requirement and argues the court abused its discretion when it required him to submit to chemical testing and complete a substance abuse program as conditions of his probation. Court agree with defendants first contention and remand for further hearing on the question of gang relatedness.
Comments on P. v. Aguilar