The court continued the hearing for a little over two weeks.Īt the continued hearing, Belman objected to the imposition of gang-related conditions, arguing that the charge was completely unrelated to any gang activity and that there was no evidence that he associated with the Vista Home Boys gang, and he requested another continuance to permit an evidentiary hearing on the matter. At that hearing, defense counsel requested a continuance so that he could check Belman's gang status. In connection with the original sentencing hearing, the probation officer prepared a report that law enforcement sources indicated Belman was a documented associate of the Vista Home Boys gang and recommended that the court place him on probation subject to gang-related conditions. Belman pleaded guilty to the charge pursuant to an agreement that he would be placed on probation subject to his serving 180 days in jail. In November 2006, Belman was arrested by police officers who responded to a domestic disturbance call at his home and found him behind the house, trying to hide a sawed off shotgun. In all other respects, we affirm the order. The Attorney General concedes that three of the gang-related conditions must be modified to preclude only knowing behavior and we modify the order to so provide. He appeals, contending that (1) the court violated his due process rights by imposing the gang-related probation conditions without first holding an evidentiary hearing, (2) it abused its discretion in relying on hearsay evidence from the probation report as the basis for imposing such conditions, and (3) four of the imposed gang-related conditions were unconstitutionally overbroad and vague. Jorge Perez Belman pleaded guilty to possession of a short-barreled shotgun and was sentenced to probation, subject to certain gang-related and other conditions. ĬOURT OF APPEAL, FOURTH APPELLATE DISTRICTĪPPEAL from an order of the Superior Court of San Diego County, K. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b).
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