In re M.S. CA5

INTRODUCTION

A juvenile petition under Welfare and Institutions Code section 602, subdivision (a) was sustained against M.S. for assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1)), exhibiting a deadly weapon (§ 417, subd. (a)(1)), and criminal threats (§ 422, subd. (a)). M.S. was adjudged a ward of the court and placed under the general supervision of the probation department. M.S. filed a timely appeal raising the following claims: (1) the juvenile court failed to declare counts 1 and 3 to be either felonies or misdemeanors; (2) the gang prohibition is an invalid probation condition; (3) the curfew probation condition is unconstitutionally vague on its face; (4) the travel probation conditions impede on M.S.’s constitutional rights; (5) the electronic search probation condition is invalid; (6) the weapons probation condition is unreasonable and impedes on M.S.’s constitutional rights; (7) a scienter requirement must be added to probation condition Nos. 17, 41 and 44; and (8) the order of wardship and amended minute order must be corrected to conform to the court’s oral pronouncements. We order the gang probation condition under No. 35 stricken. We order a limited…