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Name: In re H.C.
Case #: H033669
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/14/2009

Where a condition of probation implicates constitutional rights, the condition must be narrowly drawn and sufficiently precise so as to provide notice to probationer as to the prohibited activity. Minor admitted possession of a concealed weapon (Pen. Code. sec. 1202.5, subd. (a)(2)) and was placed on three years probation with conditions ordering him not to associate with probationers, parolees, or gang members, and not to frequent areas of gang activity or participate in gang activity. Because the conditions do not satisfy the requirement that minor be possessed of knowledge, they were unconstitutionally vague and must be modified to provide minor with the requisite notice of the prohibited activity. Despite the lack of objection to the conditions in the superior court when they were imposed, failure to object on the ground that the condition was unconstitutionally vague and overbroad is not waived on appeal. (In re Sheena K. (2007) 40 Cal.4th 875.)