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PEOPLE v. MARTINEZ

No. A103502.

10 Cal.Rptr.3d 751 (2004)

116 Cal.App.4th 753

The PEOPLE, Plaintiff and Respondent, v. Jose L. MARTINEZ, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

Rehearing Denied March 25, 2004.

Review Denied June 23, 2004.

Attorney(s) appearing for the Case

Christine Dubois, Santa Rosa, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Michael E. Banister, Deputy Attorney General, for Plaintiff and Respondent.

SWAGER, J.

A gang registration requirement was imposed upon defendant pursuant to Penal Code section 186.30 as part of his sentence following revocation of probation and upon entry of a plea of no contest to auto burglary (Pen.Code, § 459).1 We conclude that the evidence in the record does not support the finding that the crime was gang related, and strike the gang registration order.

STATEMENT OF FACTS AND PROCEDURAL HISTORY...

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