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Name: People v. Martinez
Case #: A103502
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 03/05/2004
Subsequent History: Rev. den. 6/23/04

A conviction for burglary of an automobile is not a “gang-related” crime that requires gang registration. This case involved joint sentencing for a probation revocation after an unlawful intercourse conviction, and for a new charge of burglarizing an automobile. The probation revocation was based in part on defendant’s association with gang members in violation of the terms of his probation. Over defense objection, the sentencing court required the defendant to register as a gang member under Penal Code section 186.30, subdivision (b)(3). The court of appeal held that the plain and unambiguous language of that statute required that a crime could not be found to be “gang-related” based only on the defendant’s criminal history and past associations. Instead, the crime itself must be committed for the benefit of, at the direction of, or in association with a criminal street gang. Since nothing in the record here connected the auto burglary with a criminal street gang, the gang registration requirement was stricken.