P. v. Medina
Defendant Miguel Medina pleaded guilty to assault by means likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(1).)[1] Great bodily injury (§ 12022.7, subd. (a)) and gang (§ 186.22, subd. (b)(1)) enhancements were dismissed with a Harvey waiver.[2]
Defendant was placed on three years’ formal probation, subject to various conditions including that he not associate with known gang members or persons known to be associated with a gang. Defendant was also required to register as a gang member.
The trial court later revoked probation following a contested hearing at which it found defendant violated the gang association condition. The trial court sentenced defendant to three years in state prison.
On appeal, defendant contends the probation condition prohibiting him from associating with any individual associated with a gang is unconstitutionally vague. He also contends there is insufficient evidence to support the trial court’s finding that he violated this condition. We affirm.
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