P. v. Ruiz
Defendant Adrian Castaneda Ruiz pleaded no contest to felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and misdemeanor possession of burglary tools (Pen. Code, § 466). The trial court suspended sentence and placed defendant on three years formal probation, subject to various terms and conditions. Defendant appealed, arguing that the trial court failed to determine his ability to pay prior to imposing certain fees, that his probation condition forbidding association with “gangs†is unconstitutionally vague, and that his probation condition prohibiting possession of firearms lacks a knowledge requirement.
We modify the clerk’s minute order to reflect the $864 fee for the preparation of the probation report and the $81 fee for the cost of supervised probation as orally pronounced by the trial court. We also modify the probation condition prohibiting association with gangs to specify that for the purposes of the condition the word “gang†means “criminal street gang†as defined in Penal Code section 186.22, subdivisions (e) and (f). In all other respects, the judgment is affirmed.
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