California Court of Appeal

Juvenile court's order placing a minor-defendant on six months' probation, in finding that she violated Vehicle Code sections 22349(a) and the curfew provisions codified in San Diego Municipal Code section 58.0102, is affirmed in part and reversed in part where: 1) here, the amended petition alleged that defendant violated San Diego Municipal Code section 58.0102, not that she had violated San Diego Ordinance No. 0-18416; and 2) the discrepancy between the ordinance and the codification, when coupled with the charge contained in the petition, violated defendant's due process rights, because defendant was charged with violating a statute that in fact did not permit a person of ordinary intelligence to know what conduct could be engaged in without violating its provisions.

Appellate Information

• Decided 07/28/2010
• Published 07/28/2010

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Heather L. Beugen, Edmund G. Brown Jr.