In re Daniel G. CA4/3

INTRODUCTION

Daniel G. (the minor) admitted possessing a folding knife and a small amount of marijuana on school grounds. The minor was placed on probation, but was not made a ward of the juvenile court. The minor successfully completed probation, the case was dismissed, and probation was terminated. On appeal, the minor argues the juvenile court improperly imposed a 10-year firearm ban as a condition of probation; the Attorney General agrees. Because the statutory firearm ban was not authorized, given the crimes which the minor admitted committing, we will order that the juvenile court vacate the ban. The minor also argues that several probation conditions were overbroad because they failed to include a knowledge requirement. While the lack of a knowledge requirement can make a probation condition unconstitutional, in this case, the issue is moot because the minor successfully completed his probation, and probation has been terminated.

BACKGROUND1

In June 2012, the minor, then 14 years old, was charged with unlawful possession of a folding knife on school grounds (Pen. Code, § 626.10, subd. (a)(1)) and possession of not more than 28.5 grams of marijuana on school grounds…