R.P.

People v. R.P.

Bad Law
176 Cal. App. 4th 562·2009 Cal. App. LEXIS 1300·97 Cal. Rptr. 3d 822
Court of Appeal of CaliforniaAugust 7, 2009No. B208425California2,116 words

Opinion

lead Opinion

Klein, J.

Defendant and appellant, R.P., appeals an order continuing him a ward of the state under Welfare and Institutions Code section 602, based on the finding he committed second degree robbery in violation of Penal *565 Code section 211. 1 The order imposed a probation condition prohibiting R.P. from possessing any “dangerous or deadly weapon.” R.P. contends the probation condition is unconstitutionally vague.

We hold a probation condition prohibiting a minor from possessing any “dangerous or deadly weapon” is sufficiently precise for the probationer to know what is required of him. 2 Accordingly, we affirm the juvenile court’s order.

BACKGROUND

A petition filed in August of 2007 alleged R.P. struck a store employee with a wooden stick when the employee tried to prevent R.P. from escaping with stolen goods. 3 R.P. admitted to assault with a deadly weapon in violation of section 245, subdivision (a)(1). The juvenile court sustained the petition, declared R.P. a ward of the state, and placed him on home probation.

A second petition filed in March of 2008 alleged R.P. committed second degree robbery in violation of section 211 when he and another minor forcibly removed a…

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