P. v. Bojorquez
Defendant pled guilty to two counts of using the personal identifying information of another (Pen. Code, 530.5, subd. (a)). The trial court suspended imposition of sentence and placed Bojorquez on formal probation for three years. Among the terms of probation were various gang conditions that prohibited Bojorquez from associating with known gang members, associating with persons having firearms, wearing gang clothing, and displaying gang gestures.
On appeal, Bojorquez claims that the trial court abused its discretion in imposing the gang conditions. Bojorquez maintains that the conditions were not related to the crimes for which he was convicted. Bojorquez further contends that the conditions were not reasonably related to the prevention of future criminality because there was no showing that gang association had played a role in his life. In addition, Bojorquez claims that several of the conditions are unconstitutional because they do not contain a knowledge requirement, and therefore fail to provide him with sufficient notice of the prohibited activities. We conclude that the trial court did not abuse its discretion in imposing the gang conditions. However, we modify several of the conditions to include a knowledge requirement. As so modified, Court affirm the judgment.
Comments on P. v. Bojorquez