Is a probation condition prohibiting appellant from attending court proceedings in which he is neither a party nor a subpoenaed witness reasonably related to the governmental interest of preventing witness intimidation in gang-related cases?

California, United States of America


The following excerpt is from People v. Moises R. (In re Moises R.), G050550 (Cal. App. 2015):

In this case, the probation condition prohibiting appellant from attending court proceedings in which he is neither a party nor a subpoenaed witness is reasonably related to the governmental interest of preventing witness intimidation in gang-related cases. (People v. Martinez (2014) 226 Cal.App.4th 759, 766-767.) However, that interest is not served by barring appellant from attending proceedings in non-gang cases. In addition, there may be situations where appellant has a legitimate interest in attending

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