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Name: In re J.V.
Case #: E047553
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/07/2010
Summary

The crime of contempt for violating a gang injunction is “gang related” within the meaning of gang registration statute (Pen. Code, § 186.30). A petition alleged the minor committed criminal contempt by violating a gang injunction, and also violated probation by wearing gang clothing. As per a negotiated disposition, the minor admitted the offense and the violation of probation. The juvenile court found the charge was gang-related and ordered the minor to register as a gang member per section 186.30. The Court of Appeal agreed. Case law consistently holds that the meaning of gang-related in the registration statute is the same as in section 186.22. In fact, the injunction itself deemed the Olive Street gang a criminal street gang under section 186.22.
The registration requirement did not violate the plea agreement. The minor also argued that because he was not advised about the duty to register before he admitted the contempt charge, the requirement exceeded the terms of the bargain, such that it should be stricken or he should be allowed to withdraw the admission. The court disagreed. The argument was forfeited for failure to raise it below. Moreover, the minor has not shown he would not have entered the admission had he been advised. (People v. McClellan (1993) 6 Cal.4th 367.)