In re L.N. CA4/2

INTRODUCTION

The San Bernardino County District Attorney filed a Welfare and Institutions

Code1 section 602 petition as to defendant and appellant, L.N. (minor), alleging one

count of possession of a firearm by a minor. (Pen. Code, § 29610.) A juvenile court

found true the allegation, declared him a ward of the court, and placed him in his father’s

custody under specified probation conditions. The court found the maximum term of

confinement in this case was three years.

On appeal, minor contends: (1) the probation condition stating that he not possess,

or act like he possesses, a dangerous or deadly weapon is unconstitutionally vague and

overbroad; and (2) the court erred in setting the maximum term of confinement since he

was not removed from the custody of his father. The People concede, and we agree, that

the maximum term of confinement should be stricken. Otherwise, we affirm.

FACTUAL BACKGROUND

Police officers responded to a call of shots fired and were given a description of

two vehicles. Upon arriving at the location where the shots were heard, an officer saw

one of the vehicles run a stop sign, and he initiated a traffic stop. Minor and his friend

were in…