E.O.

People v. E.O.

Good Law
115 Cal. Rptr. 3d 869·188 Cal. App. 4th 1149·2010 Cal. App. LEXIS 1686
Court of Appeal of CaliforniaSeptember 29, 2010No. H035462California3,292 words

Opinion

lead Opinion

Rushing, J.

The trial court placed E.O., a minor, on probation after finding that he came within the jurisdiction of the juvenile court because he possessed a knife on school grounds. On appeal he contends that a condition of probation restricting his freedom to approach or enter courthouses is unconstitutionally overbroad. We agree and will reverse the dispositional order to that extent.

Background

Appellant was first found to be a ward of the juvenile court on March 24, 2008, when the court sustained the allegations of a petition charging that he *1152 had engaged in felony vandalism, in that he and a companion painted gang-related graffiti on school property. On January 25, 2010, a second petition was filed alleging that appellant had possessed a knife with a blade longer than 2.5 inches on school grounds in violation of Penal Code section 626.10, subdivision (a).

At the hearing on the petition, the principal at appellant’s high school testified that he detained appellant and three schoolmates who were walking around the school grounds while classes were in session. After confirming that they were supposed to be in class, he told them he was going to search them. Appellant…

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