In re Antonio J. CA5

INTRODUCTION

In a juvenile wardship proceeding (Welf. & Inst. Code, § 600 et. seq.) appellant was found to have committed a residential burglary, possessed vandalism tools and 28 grams or less of marijuana. As part of the dispositional order, appellant was ordered to successfully complete various terms and conditions of probation. Appellant challenges the constitutionality of three probation conditions: (1) he is not to remain away from home overnight without first securing the probation officer‟s permission (condition No. 8); (2) he is not to wear gang clothing or display gang signs, markings and insignia (condition No. 33); and (3) he is not to possess instruments used to apply graffiti (condition No. 43). We conclude that condition Nos. 8 and 43 are not unconstitutionally vague or overbroad but will modify the knowledge requirement contained in condition No. 33. The judgment will be affirmed as modified.

PROCEDURAL FACTS

On February 7, 2011, a juvenile wardship was filed alleging appellant came within the provisions of Welfare and Institutions Code section 602 based on his commission of two misdemeanors on October 26, 2010: disturbing the peace of a school campus (count 1)…