In re Preston G. CA1/5

Filed 6/4/25 In re Preston G. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re PRESTON G., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A167602 v. PRESTON G., (Contra Costa County Defendant and Appellant. Super. Ct. No. J2200521)

Defendant Preston G. challenges the juvenile court’s imposition of certain gang-related probation conditions after finding him guilty of reckless driving while evading a peace officer. Defendant argues there was no evidence supporting the court’s decision. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On October 20, 2022, a juvenile wardship petition was filed pursuant to Welfare and Institutions Code section 602, subdivision (a), alleging defendant, 17 years old, committed felony reckless driving while evading a peace officer (Veh. Code, § 2800.2, subd. (a)) (hereinafter, petition). A contested jurisdictional hearing began in January 2023. Testimony presented at the hearing established the following facts. On October 14, 2022, a police detective in the City of Concord was surveilling a black Lexus,

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on which he previously placed a tracker. The detective saw defendant get into the driver’s seat while two other individuals got into the passenger seats of the Lexus in the parking lot of a local shopping mall. As the Lexus exited the parking lot, the detective contacted another officer to conduct a traffic stop. Concord Police Officer Javier Montes was driving an unmarked car equipped with red and blue forward-facing lights when he observed the black Lexus, with dark tinted windows, leaving the mall parking lot without using a turn signal. Officer Montes drove immediately behind the Lexus and activated his lights. Although defendant initially signaled that he would be turning right, he suddenly swerved into the left lane and sped off. Officer Montes followed defendant for about a minute at approximately 55 miles per hour before stopping due to safety concerns. Defendant ran a red light in the heavily congested area as he sped away. Defendant was arrested a few days later, on October 18, 2022. On February 24, 2023, a contested jurisdictional hearing was held, after which the court found true and sustained the allegation in the petition. The court then denied defendant’s request to terminate home supervision while acknowledging he performed well on supervision and received positive reports from probation, his family, and his school. On March 10, 2023, a contested dispositional hearing began. The court terminated defendant’s home supervision. The prosecution then filed a motion requesting imposition of six gang-related probation conditions. In support of its motion, the prosecution offered testimony from a detective in the Concord Police Department’s gang unit, as well as four exhibits consisting of 10 photographs depicting defendant and other youths at what appeared to be a graduation gathering.