Opinion
B190084
12-6-2006
In re GERARDO P., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. GERARDO P., Defendant and Appellant.
Jolene Larimore, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Ana R. Duarte and Dawn S. Mortazavi, Deputy Attorneys General, for Plaintiff and Respondent.
Gerardo P. was declared a ward of the juvenile court and ordered into camp community placement after the court sustained a petition alleging he was carrying a loaded firearm as an active participant in a street gang and was in possession of a firearm as a minor. (Welf. & Inst. Code, § 602; Pen. Code, §§ 12031, subds. (a)(1), (a)(2)(C), 12101, subd. (a)(1).) He contends one of his probation condition is unconstitutional. We affirm the order as modified.
FACTUAL AND PROCEDURAL BACKGROUND
Among the conditions of probation, Gerardo P. was ordered to "not have any dangerous or deadly weapon in your possession nor remain in the presence of any unlawfully armed person" (condition 16). Without objection from Gerardo P., the juvenile court ordered him into short-term camp community placement and set the maximum period of confinement as three years.
DISCUSSION
Gerardo P. now contends condition 16 is unconstitutionally vague and overbroad and urges us to modify it to include a knowledge requirement. The People argue Gerardo P. has forfeited his challenge to this condition by failing to object in the juvenile court and, in any event, the requirement of knowledge is implicit in the condition as imposed.
Without reaching the issue of waiver or forfeiture, we agree, reasonably read, the condition necessarily includes the requirement of knowledge. In other words, it is necessarily implied Gerardo P. must be aware of the person(s) with whom he intends to associate are unlawfully armed for condition 16 to be triggered. However, to eliminate the possibility of any improper, overly broad interpretation of the condition, we modify it expressly to include a knowledge requirement. (See People v. Garcia (1993) 19 Cal.App.4th 97, 103.)
DISPOSITION
Probation condition 16 is modified to read, "Do not have any dangerous or deadly weapon in your possession, nor remain in the presence of any person known to you to be unlawfully armed." As modified the juvenile courts order is affirmed.
We Concur:
JOHNSON, Acting P. J.
ZELON, J. --------------- Notes: This issue is presently before the Supreme Court in In re Sheena K. (2004) 116 Cal.App.4th 436, review granted June 9, 2004, S123980.