In Re Sheena K.

Good Law
10 Cal. Rptr. 3d 444·116 Cal. App. 4th 394
Court of Appeal of CaliforniaJune 9, 2004B167626California3,236 words

Opinion

Opinion

NOTT, Acting P.J.

Sheena K., a minor, appeals from an order declaring her a ward of the court pursuant to Welfare and Institutions Code section 602 by reason of her having committed misdemeanor battery (Pen.Code, § 242). [1] The juvenile court committed appellant to the supervision of the probation officer for placement in the Camp Community Placement Program for a minimum of 14 weeks under specified terms and conditions, including that she (1) not associate with anyone disapproved of by her probation officer, (2) not use or possess dangerous or deadly weapons, and (3) not remain with any person known to be unlawfully armed. Appellant's sole contention is that these conditions are vague and overbroad, violating her federal and state constitutional rights to due process, to travel, to associate and to assemble, and must therefore be modified to require that she know the persons with whom she cannot associate and the weapons she cannot use or possess.

We conclude that the probation condition that appellant not associate with anyone disapproved of by the probation officer is unconstitutionally vague and overbroad. Accordingly, we modify the judgment and otherwise affirm.

On…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.