In re N.F. CA1/3

Good Law
Court of Appeal of CaliforniaNovember 25, 2014A140956California1,755 words

Opinion

Opinion

Jenkins, J.

DISCUSSION

Minor raises one argument on appeal. He contends the condition of his probation that he refrain from possessing “any weapons” is unconstitutionally vague and overbroad because it does not require knowing possession of a weapon and, in addition, fails to clearly define the term “weapons.”4 Accordingly, minor asks this court to modify the allegedly unconstitutional probation condition to read as follows: “The minor shall not knowingly possess any dangerous or deadly weapons, or any instrument capable of causing great bodily injury or harm with the intent that they be used as such.” The following legal principles apply to appellant’s challenge. Where the juvenile court places a minor on probation following the minor’s commission of a crime, it “may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.” (§ 730, subd. (b).) “ ‘Because of its rehabilitative function, the juvenile court has broad discretion when formulating conditions of probation. “A condition of probation which is impermissible for an adult criminal defendant is not…

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