In re Jake R. CA4/1

California Court of Appeal Mar 14, 2014 No. D063933Unpublished

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Holding. The court vacated the true finding on count 3 because it was a lesser included offense of count 1 and modified a probation condition to include an express knowledge requirement to resolve a vagueness challenge.

Issues

Whether the true finding on count 3 must be vacated as a lesser included offense of count 1.
Whether a probation condition prohibiting the use or possession of substances is unconstitutionally vague for lacking an express knowledge requirement.

Disposition. Affirmed as modified.

Quotations verified verbatim against the opinion

“Accordingly, we vacate the true finding on count 3 as it is a lesser included offense of count 1.”

“Accordingly, we modify the probation condition at issue to read: "The minor shall not knowingly use or possess. . . ."”

Filed 3/14/14 In re Jake R. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re Jake R., a Person Coming Under the Juvenile Court Law. D063933 THE PEOPLE,

Plaintiff and Respondent, (Super. Ct. No. JCM233094)

JAKE R.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Carlos O.

Armour, Judge. Affirmed as modified.

Cynthia A. Grimm, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Stacy

Tyler, Deputy Attorneys General, for Plaintiff and Respondent.

The juvenile court sustained a petition alleging that Jake R. possessed marijuana

for sale (count 1), resisted a police officer (count 2), possessed less than 28.5 grams of

marijuana (count 3) and possessed paraphernalia designed for smoking a controlled

substance while under the age of 18 (count 4). Jake was adjudged a ward of the court and

placed with his mother with various probation conditions, including that he not use or

In re Jake R. CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

JAKE R.,

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DISCUSSION

I. Lesser Included Offense

II. Probation Condition

DISPOSITION

AARON, J.

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