People v. J.V

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 Penal Code 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).

Also in November 2007, J.V. pleaded no contest to the gang association allegation in the Los Angeles case. The Los Angeles court sustained the petition and transferred the case to San Bernardino County for disposition.

On December 14, 2007, before receiving the Los Angeles case, the San Bernardino court granted informal probation to J.V. under section 654.2.

On January 17, 2008, after receiving the Los Angeles case, the San Bernardino court terminated the informal probation, reinstated the November 2007 petition, and continued both cases for disposition.

In February 2008, the court declared J.V. a ward of the court and placed him on probation in his mother’s custody. The court imposed, and stayed, pending a further hearing, the probation condition that defendant register as a gang member under section 186.30. The court dismissed the registration requirement in March 2008.

In September 2008, J.V. was charged with three probation violations. He admitted violating the prohibition against wearing gang clothing or displaying or using gang items. The court dismissed the other two alleged violations, continued J.V. as a ward of the court, and continued the matter for a dispositional hearing on the gang registration requirement.