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People v. Kevin F.
239 Cal. App. 4th 351
| Cal. Ct. App. | 2015
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Background

  • Minor (Kevin F.) met the victim, Merlo, on a Muni train; they chatted and Minor gave his phone number.
  • The group walked with Merlo into a dark alley where a Latino male with a ponytail grabbed Merlo and the group assaulted him, taking wallet and phone; Merlo testified Minor was present before, during, and after the attack and fled with the group.
  • Merlo identified Minor to police afterwards by his shirt and cap; no stolen property or weapons were found on Minor when detained.
  • Juvenile wardship petition alleged second-degree robbery; after a contested hearing the juvenile court sustained the petition and declared Minor a ward, imposing probation including a weapons-possession prohibition and placement in a ranch school program.
  • On appeal Minor challenged (1) sufficiency of the evidence supporting robbery, and (2) vagueness/overbreadth of the probation condition banning possession of weapons and items that "could be used as a weapon."
  • The Court of Appeal affirmed the robbery finding but modified the weapon probation condition to add specific scienter and intent language.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence for robbery/aiding and abetting Evidence shows Minor participated in or aided and abetted robbery because he was with group before/during/after assault and fled with them Minor argued mere presence, limited perception, and uncertainty about his role made evidence insufficient Affirmed: substantial evidence supports finding Minor participated in or at least aided and abetted the robbery
Vagueness/overbreadth of weapons-possession probation condition The People implicitly relied on the written dispositional findings enumerating prohibited items to provide clarity Minor argued the oral and written language ("anything you could use as a weapon") is unconstitutionally vague/overbroad and sought narrowing to "dangerous or deadly weapons" Condition modified: must prohibit only knowing possession and add intent language — i.e., not to knowingly possess weapons (listed) and not to knowingly possess anything he intends to use as a weapon or knows others might consider a weapon

Key Cases Cited

  • In re V.V., 51 Cal.4th 1020 (review standard for sufficiency of evidence)
  • People v. Clark, 52 Cal.4th 856 (definition of robbery)
  • People v. Beeman, 35 Cal.3d 547 (aiding and abetting elements)
  • In re Sheena K., 40 Cal.4th 875 (precision required for probation conditions; vagueness/overbreadth principles)
  • People v. King, 38 Cal.4th 617 (de facto weapon inquiry; intent and circumstances relevant)
  • People v. Rubalcava, 23 Cal.4th 322 (knowledge requirement for possession-based weapons offenses)
  • People v. Raleigh, 128 Cal.App. 105 (two-category approach to weapons: per se weapons and items that may be weapons depending on circumstances)
Read the full case

Case Details

Case Name: People v. Kevin F.
Court Name: California Court of Appeal
Date Published: Aug 10, 2015
Citation: 239 Cal. App. 4th 351
Docket Number: A140445
Court Abbreviation: Cal. Ct. App.