People v. Sanchez

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Defendant was arrested and charged with misdemeanor criminal contempt for allegedly violating a permanent anti-gang injunction. Defendant argued that he was not an active gang member covered by the injunction and that enforcement of the injunction against him violated his right to procedural due process. The trial court determined that the injunction burdened defendant's constitutionally-protected liberty interests, whereby defendant was entitled to some adequate predeprivation process to determine whether he was an active gang member covered by the injunction. Because no predeprivation process was available to defendant to challenge the determination that he was covered by the injunction, the trial court held that enforcement of the injunction against him violated his right to procedural due process. The Court of Appeal affirmed the dismissal of the misdemeanor criminal contempt charge predicated on the application of the injunction to defendant. View "People v. Sanchez" on Justia Law