In re DAVID A. ENGLEBRECHT, JR., on Habeas Corpus. No. D030992 In the Court of Appeal of the State of California Fourth Appellate District Division One (San Diego County Super. Ct. No. N76652) PETITION for writ of habeas corpus following contempt finding by Superior Court of San Diego County for willfully violating two provisions of a preliminary injunction. John S. Einhorn, Judge. Petition granted in part and denied in part. COUNSEL Steven J. Carroll, Public Defender and DawnElla Gilzean, Deputy Public Defender, for Petitioner. Paul J. Pfingst, District Attorney, Thomas F. McArdle and Anthony Lovett, Deputy District Attorneys, for Respondent. Filed October 26, 1998 In this proceeding, we are asked to decide the constitutionality of two provisions of a preliminary injunction, which prohibit: " Standing, sitting, walking, driving, bicycling, gathering or appearing anywhere in public view with any other defendant herein, or with any other known Posole [gang] member" and " Using or possessing pagers or beepers in any public place." We find the non-association provision is constitutional, but the restriction on pagers and beepers is not. _________________________________________________________ DO YOU YAHOO!? Get your free @yahoo.com address at http://mail.yahoo.com