In re Adrian R. 10/22/02 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H022999

Case Date: 11/21/2002

Preview:Filed 10/22/02; pub. & mod. order 11/21/02 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT IN RE ADRIAN R., a Person Coming Under the Juvenile Court Law. H022999 (Santa Cruz County Super. Ct. No. JU-18829) THE PEOPLE, Plaintiff and Respondent, v. ADRIAN R., Defendant and Appellant.

Minor Adrian R. was charged along with two other juveniles with committing misdemeanor "ASSAULT AND BATTERY for the benefit of, at the direction of or in association with a criminal street gang in violation of section 186.22(d) of the Penal Code" on March 6, 2001. After a jurisdictional hearing, the court sustained the assault charge as to all three juveniles and continued minor as a ward of the juvenile court. At the dispositional hearing, the court placed minor with his grandparents and imposed a number of probation conditions, including the following: no contact with the other two juveniles involved in the offense or the victim; "you are not to be present at any known gang gatherings, . . . You're not to be around anyone whom you know is in a gang." Over minor's constitutional objections, the court found that the crime was gangrelated and it ordered minor to register pursuant to Penal Code sections 186.30 and 186.32.

On appeal minor contends that the gang registration statutes are unconstitutional. He contends the initiative that enacted them violated the single subject rule. He also contends the statutes are vague and overbroad and infringe on his rights to due process, privacy, free speech, association, and counsel and his protections against selfincrimination, unreasonable search and search, and cruel and unusual punishment. For the reasons stated below, we will affirm the dispositional order after adopting a narrowing construction of the statutes. THE OFFENSE On March 6, 2001, Gerardo M., took the school bus home from Aptos High School. He got off the bus at H. A. Hyde, an elementary school in Watsonville near a Department of Motor Vehicles (DMV) office. According to Deputy Sheriff Raymond Hernandez, a gang expert, the bus stop is in the middle of a Norte

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