People v. Gabriel

Opinion

MIHARA, J.

Defendant Mario Gabriel appeals from judgments of conviction entered after he pleaded guilty to various charges and allegations in two

[1072]

cases.

1

In both cases, the trial court suspended imposition of sentence and placed defendant on probation for three years. On appeal, defendant contends that the gang conditions should be modified to reflect the conditions orally pronounced by the trial court and the conditions are unconstitutionally vague. We agree and affirm the judgments as modified.

I. Statement of Facts

A. Case No. SS091125A

In April 2009, two police officers saw defendant approach a van while holding his front waistband and making confrontational gestures. The officers suspected that defendant was armed based on his behavior and body language. When they attempted to detain defendant, he fled. During the ensuing chase, the officers saw defendant throw a gtm. The officers eventually apprehended defendant and recovered the gun. Defendant admitted that he was known as a Parkside Norteño from Huron, California.

B. Case No. SS091848A

In August 2009, police officers stopped a vehicle that had been speeding. Defendant was the driver of the vehicle and his passenger was Mario Guzman, a Norteño gang member. Though defendant claimed that he had never been arrested in Salinas, a records check informed the officers that defendant had been arrested and was out on bail with conditions to obey all laws and not associate with any gang members. Defendant then apologized and acknowledged that he had violated a court order.

II. Discussion

Defendant contends that the written gang conditions should be modified to reflect the conditions orally imposed by the trial court.