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Name: In re David S.
Case #: A109703
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 10/31/2005

The minor admitted two misdemeanors, including battery on a school employee. He was ordered to comply with conditions of juvenile probation, including a condition that he not possess any weapons, and that the DOJ be notified of this condition. The minor objected to the condition. At a hearing to modify the condition, the prosecutor took the position that the weapon prohibition was mandated by section 12021, subdivision (e), which prohibits the possession of weapons by a minor convicted of enumerated offenses, including battery, (although battery on a school employee was not specifically included). The appellate court affirmed the order, holding that the firearm prohibition applied to battery, and therefore to any of the “243.x” series offenses which are batteries carrying greater punishment than generic battery. This reading is consistent with legislative intent.