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Name: People v. Leon
Case #: H034066
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/02/2010

Gang-related probation conditions were vague because they lacked a knowledge requirement. Appellant pled to several drug-related offenses and also admitted a gang enhancement. The court granted probation and imposed several gang-related probation conditions, including: no association with gang members, no wearing gang insignia, no frequenting areas of gang activity, and no appearance at court proceedings, unless a party to the proceedings, or under subpoena, or with the permission of the probation department. Appellant argued the first three conditions were unconstitutionally vague and overbroad, and that the latter violated the First Amendment. The court agreed the first three conditions needed an explicit knowledge requirement. The court also agreed the condition restricting attendance at court proceedings had too large a sweep. The court modified the condition to insert a knowledge requirement that the court proceedings involved a member of a criminal street gang to which he was not a party.