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In re R.P.

August 7, 2009

IN RE R.P., A PERSON COMING UNDER THE JUVENILE COURT LAW.
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
R.P., DEFENDANT AND APPELLANT.



APPEAL from an order of the Superior Court of Los Angeles County, Stephanie M. Davis, Judge. Affirmed. (Los Angeles County Super. Ct. No. YJ30803).

The opinion of the court was delivered by: Klein, P. J.

Opinion following rehearing

CERTIFIED FOR PUBLICATION

Defendant and appellant, R.P., appeals an order continuing him a ward of the state under Welfare and Institutions Code section 602, based on the finding he committed second degree robbery in violation of Penal Code section 211.*fn1 The order imposed a probation condition prohibiting R.P. from possessing any "dangerous or deadly weapon." R.P. contends the probation condition is unconstitutionally vague.

We hold a probation condition prohibiting a minor from possessing any "dangerous or deadly weapon" is sufficiently precise for the probationer to know what is required of him.*fn2 Accordingly, we affirm the juvenile court's order.

BACKGROUND

A petition filed in August of 2007 alleged R.P. struck a store employee with a wooden stick when the employee tried to prevent R.P. from escaping with stolen goods.*fn3 R.P. admitted to assault with a deadly weapon in violation of section 245, subdivision (a)(1). The juvenile court sustained the petition, declared R.P. a ward of the state, and placed him on home probation.

A second petition filed in March of 2008 alleged R.P. committed second degree robbery in violation of section 211 when he and another minor forcibly removed a chain from the victim's neck on March 1, 2008. The juvenile court sustained the second petition, terminated its previous home probation order, and placed R.P. in a short-term camp community program. The juvenile court continued probation with several new terms restricting R.P.'s contact with the victim and gang members. The probation condition at issue prohibits R.P. from possessing any "dangerous or deadly weapon."

This appeal followed.

CONTENTION

R.P. contends the probation condition is unconstitutionally vague because "any object can be used as a deadly weapon" and thus the condition gives "no fair warning as to what might result in a violation."

DISCUSSION

1. General Principles

The Legislature gives the juvenile court broad discretion to impose probation conditions. (See Welf. & Inst. Code, ยง 730, subd. (b) ["The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation ...


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