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Name: In re Emiliano M.
Case #: G027919
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/12/2002
Subsequent History: Pub. status change to published. As modified 6/12/02. Rev. granted 7/31/02.
Summary

Penal Code section 186.30, which requires registration as a gang member for a gang related crime, does not apply to probation violations which are not themselves crimes. Moreover, the only allegation that could have been a crime (possession of ammunition) was required to be stricken, because it was not proved beyond a reasonable doubt in this probation violation hearing.