People v. Barradas-Benitez, Crim. No. B276439 (Cal. App. 2d Dist. Div. 6) (May 3, 2017).
Defendant did not contest having received stolen property. His suspended sentence was conditioned on compliance with probation conditions which included restitution and staying away from any court proceedings relating to gangs, with which he was known to be affiliated.
Barradas-Benitez argued that precluding his access to the court impaired his First Amendment rights.
The appellate court stressed the importance of rehabilitative conditions, but noted that forbidding access to the courts raised Constitutional concerns. Where another appellate decision found such a specifically tailored limitation to be unobjectionable, the condition was upheld.