In Re Jv

California Court of Appeal Jan 7, 2010 No. E047553Published

Before: Gaut

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Holding. The court held that a juvenile's violation of a gang injunction constitutes a gang-related offense under Penal Code section 186.30, thereby mandating gang registration, and that the juvenile failed to demonstrate prejudice or preserve his claim regarding the lack of advisement of this requirement.

Issues

Whether a violation of a gang injunction is a 'gang-related' offense requiring registration under Penal Code section 186.30.
Whether the juvenile court abused its discretion in imposing the gang registration requirement.
Whether the failure to advise the juvenile of the registration requirement at the time of his plea constitutes reversible error.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We conclude the juvenile court properly imposed the mandatory registration requirement.”

“The juvenile court did not abuse or fail to exercise its discretion in finding J.V.'s violation of the gang injunction was gang related under section 186.30 and requiring him to register.”

“Neither in juvenile court nor on appeal has J.V. demonstrated that he would not have entered a plea if he had been advised about the requirement to register as a gang member.”

181 Cal.App.4th 909 (2010) 104 Cal. Rptr. 3d 491 In re J.V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent,

J.V., Defendant and Appellant.

No. E047553. Court of Appeals of California, Fourth District, Division Two.

January 7, 2010. [910] John D. O'Loughlin, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GAUT, J.

On appeal, J.V., a minor, raises a number of issues related to gang registration under Penal Code section 186.30.[1] We conclude the juvenile court properly imposed the mandatory registration requirement.

1. Factual and Procedural Background

In September 2007, J.V. was charged by juvenile wardship petition (Welf. & Inst. Code, § 602) in Los Angeles County with contempt of court, in violation [911] of section 166, subdivision (a)(4),[2] for willingly disobeying an injunction against associating with fellow gang members of the Olive Street gang. According to the probation report, the Pomona police detained J.V. in July 2007 after he was observed in the company of two other minors, all three wearing gang attire. J.V. had previously been served with the gang injunction order. Initially, J.V. denied any affiliation with the Olive Street gang. He admitted having a prior association with the moniker "Brainz."

In November 2007, J.V. was charged by petition in San Bernardino Juvenile Court with furnishing marijuana in violation of Health and Safety Code section 11360, subdivision (b).

In Re Jv

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OPINION

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