California, United States of America
The following excerpt is from People v. Flores, H039281 (Cal. App. 2013):
Defendant compares this case to People v. Brando (2012) 210 Cal.App.4th 568, 574 (Brando), where this court considered whether a no-gang-contact probation condition was "reasonably related to a risk that defendant will reoffend." As in this case, the defendant in Brando pleaded no contest to possessing a controlled substance, and nothing in the record indicated that the offense was gang related. (Id. at pp. 570, 576.) However, in Brando, the probation report stated that the defendant "had never been involved with any criminal street gangs, nor did he have any family members who associated with such groups." (Id. at pp. 570-571.) This court held that the trial court erred by imposing the challenged condition, because "the record divulge[d] (1) no ties between defendant and any criminal street gang, (2) no such ties involving any member of defendant's family, and (3) no criminal history showing or strongly suggesting a gang tie." (Id. at p. 576.)
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