In re Kevin F.

People v. Kevin F.

Bad Law
191 Cal. Rptr. 3d 144·2015 Cal. App. LEXIS 685·239 Cal. App. 4th 351
Court of Appeal of CaliforniaAugust 10, 2015A140445California6,119 words

Opinion

Opinion

Streeter, J.

After determining that defendant Kevin F. (Minor) committed robbery, the juvenile court declared Minor a ward of the court and placed him on probation with conditions. On appeal, Minor contends (1) there is insufficient evidence he committed robbery, and (2) the court’s probation condition prohibiting him from possessing weapons is unconstitutionally vague and overbroad. In the unpublished portion of this opinion, we reject Minor’s challenge to the sufficiency of the evidence. In the published portion of this opinion, we hold the challenged probation condition must be modified. We will affirm the judgment as modified.

I. BACKGROUND

A. The Robbery

On October 17, 2013, about 11:00 p.m., Samuel Merlo boarded the J-Church Muni train at Church and Market Streets in San Francisco. He sat down and took out his cell phone. Merlo noticed a group of three or four young men sitting near him talking to each other. At the jurisdictional hearing, Merlo identified Minor as one of the people in this group. Minor was wearing a white shirt and a baseball cap. Merlo stated the group also included a Latino male, an African-American male, and perhaps another person. At the jurisdictional…

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