P. v. Ramos
Defendant Juan Antonio Ramos was charged with being a felon in possession of a firearm, misdemeanor possession of drug paraphernalia, providing false identifying information to a peace officer, and being a felon in possession of ammunition. Defendant pled no contest to being a felon in possession of a firearm in exchange for dismissal of all other counts and a grant of probation with 180 days in county jail.
At the sentencing hearing, the court suspended sentence and placed defendant on formal probation for five years. The probation terms included, inter alia, that defendant not associate with known gang members and not go to places frequented by known gang members.
On appeal, defendant contends that the courts gang restriction conditions: (1) are not reasonably related to the purposes of his probation, nor are they related to his future criminality; (2) are overly vague; and (3) suffer from a constitutionally fatal overbreadth. Court conclude that the terms of the probation are reasonably related to the purposes of defendants probation, are not vague, and do not suffer from a constitutionally fatal overbreath. Therefore, Court affirm the judgment.
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