In re Jesse A.
In July 2008, a petition was filed alleging that Jesse A., a minor (17 years old at the time of the petitions filing), came within the provisions of Welfare and Institutions Code section 602. The petition charged the minor with one count of second degree robbery and alleged that he personally used a knife in the commission of the offense. The petition also alleged that the minor committed the offense for the benefit of a criminal street gang. After a contested hearing, the court sustained the petition and found the personal-use allegation true. On the Peoples motion, it dismissed the gang allegation. The minor was declared a ward and placed on probation subject to various terms and conditions. On appeal, the minor challenges six of the conditions, claiming that five of them are overly broad and unconstitutional and should be modified in a manner that would allow them to pass constitutional muster. The minor argues that the sixth conditionproscribing the minor from frequenting any locations of gang activity or participating in any such activityis constitutionally infirm and should be stricken.
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