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Name: In re Sheena K.
Case #: B167626
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 03/02/2004
Subsequent History: Rev. granted 6/9/04: S123980
Summary

The minor was convicted of misdemeanor battery and placed on probation, under specified terms and conditions, including that she not associate with anyone disapproved of by her probation officer, not possess any weapons, and not remain with any person known to be unlawfully armed. Appellant challenged the conditions as vague and overbroad, and contended that they violated her constitutional rights to due process, to travel, and to associate and assemble. The appellate court here agreed that the condition that appellant not associate with anyone disapproved of by the probation officer was unconstitutionally vague and overbroad. The minor had to be notified in advance of those she must avoid. The court found that the claims, though not raised below, were not waived because they presented pure questions of law which could be resolved without regard to the sentencing record.