In Re Do Kyung K.

Appellant, a high school student, had a “razor blade” in his wallet while he was on the high school’s grounds. The juvenile court found true an allegation that appellant had possessed “a razor with an unguarded blade” on school grounds in violation of Penal Code section 626.10, subdivision (a). The court issued an ordering granting appellant probation without wardship. Appellant challenges this finding on appeal. We first conclude that Welfare and Institutions Code section 800, subdivision (c) does not preclude a minor from appealing from such an order. Then we are faced with an issue of first impression in construing the meaning of the statutory prohibition of possession of “a razor with an unguarded blade” in Penal Code section 626.10, subdivision (a). We conclude that this statutory prohibition does not encompass possession of a razor blade alone. Accordingly, we reverse the juvenile court’s order.

Background

A petition was filed alleging that appellant had possessed “a razor with an unguarded blade” on school grounds in violation of Penal Code section 626.10, subdivision (a). The only witnesses at the jurisdictional hearing were a sheriff’s deputy and the school’s…