In re N.F. CA1/3

Filed 11/25/14 In re N.F. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re N.F., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A140956 N.F., (Solano County Defendant and Appellant. Super. Ct. No. J041812)

This is an appeal in a juvenile criminal matter challenging the constitutionality of a probation condition prohibiting the possession of “any weapons.” According to minor N.F., this condition infringes on his due process rights because it is both overbroad and vague. He thus asks this court to modify the condition to prohibit only his knowing possession of deadly or dangerous weapons. For reasons set forth below, we grant minor’s modification request in part and, in all other regards, affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND An amended juvenile wardship petition was filed pursuant to Welfare and Institutions Code section 602 on January 14, 2013 (hereinafter, petition).1 The petition alleged that minor committed the following offenses: (1) attempted second degree

1 Unless otherwise stated, all statutory citations herein are to the Welfare and Institutions Code.

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robbery (count one), (2) elder abuse (count two), and (3) possession of marijuana on school grounds (count three). The juvenile court subsequently found minor eligible for the Deferred Entry of Judgment program (DEJ), after which minor admitted the allegations in the petition.2 Minor thus admitted that, on the afternoon of January 7, 2013, he approached from behind and grabbed the purse of an elderly woman at a shopping center parking lot in Vacaville. As minor pulled the purse from this woman, she fell, at which point he dragged her briefly before releasing the purse. Minor then fled, but was eventually caught by a loss prevention officer. On the same day, January 7, 2013, minor bought and smoked marijuana at school. On January 29, 2013, minor was placed on DEJ subject to various terms and conditions. On October 16, 2013, minor’s probation officer filed a DEJ notice of noncompliance. A supplemental report prepared by minor’s probation officer identified several instances of minor’s DEJ noncompliance, including his failure to follow his mother’s directives at home; sporadic school attendance; possession at school of a marijuana smoking device, lighter and knife; and three-day school suspension for being under the influence of marijuana. On November 22, 2013, minor admitted noncompliance with the terms and conditions of DEJ by failing to follow his mother’s directives at home, and, on January 7, 2014, he was declared a ward of the juvenile court and placed on probation subject to