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