People v. G.B. (In re G.B.)

Good Law
234 Cal. Rptr. 3d 308·24 Cal. App. 5th 464
Court of Appeal of CaliforniaMay 31, 2018A152105California4,166 words

Opinion

lead Opinion

Margulies, J.

*466 Appellant G.B. was declared a ward of the court and placed on juvenile probation after the juvenile court sustained allegations he possessed a concealable firearm in violation of Penal Code section 29610. Appellant appeals from the jurisdictional and dispositional orders, arguing the jurisdictional finding must be reversed because the eyewitness identification was unreliable, *312 and four of the probation conditions imposed are unconstitutionally vague or overbroad.

We conclude a probation condition requiring that appellant "have peaceful contact only with all law enforcement" is unconstitutionally vague and strike that condition. We narrow the condition appellant stay away from any school campus unless enrolled consistent with state law that prohibits persons from visiting school grounds without notifying school authorities. We otherwise affirm the jurisdictional and dispositional orders.

I. BACKGROUND

On May 8, 2017, the Contra Costa County District Attorney filed a wardship petition pursuant to Welfare and Institutions Code section 602, *467 alleging appellant, a minor, committed a felony by possessing a concealable firearm in violation of Penal Code section 29610.

On…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.