In Re ZR

168 Cal.App.4th 1510 (2008) In re Z.R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent,

v.

Z.R., Defendant and Appellant.

No. F054835. Court of Appeals of California, Fifth District.

December 11, 2008. [1511] Adam Grace, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Darren K. Indermill, Deputy Attorneys General, for Plaintiff and Respondent.

[1512] OPINION

DAWSON, J.

Z.R. (appellant), a minor, was charged by petition with violation of Penal Code section 626.10, subdivision (a).[1] At a contested jurisdictional hearing, the juvenile court found the allegation to be true. The juvenile court adjudged appellant a ward of the court and ordered probation, with various terms and conditions. The juvenile court also ordered a maximum confinement term of one year and imposed a restitution fine of $50 pursuant to Welfare and Institutions Code section 730.6. Appellant contends the trial court erred in sustaining the petition because, as a matter of law, possession of a box cutter on school grounds does not violate section 626.10, subdivision (a). We disagree and affirm.

FACTS

The following facts are shown by testimony at the jurisdictional hearing.

High school resource officer Christopher Franks observed appellant and another minor jumping over the perimeter fence onto campus. After making initial contact, Franks confirmed appellant was a student without permission to be off campus. He confiscated the boys' backpacks and searched them. Franks testified he found "a razor blade knife that had a razor exposed" inside the smaller pocket pouch of appellant's backpack.[2] The juvenile court determined the item to be a box cutter. Appellant testified that he brought the box cutter to school because he thought he was going to be "jumped" and his intention was to use the item as a weapon. Appellant testified the box cutter's blade was "closed" when he brought the item to school.