Delinquency Case Law

In re Do Kyung K. (2001) 88 Cal.App.4th 583 [106 Cal.Rptr.2d 31]. Court of Appeal, Sixth District.

The juvenile court placed a child on probation without wardship (Welf. & Inst. Code § 725(a)) for violating Penal Code section 626.10(a) (possession of “a razor with an unguarded blade” on school grounds). After the child had consented, school authorities searched his wallet. As they searched, a “razor blade” fell out of the wallet. The blade measured approximately one by three-fourths inch and was “slightly rusty.” The sharp edge of the blade had no guard on it. The child appealed. The Court of Appeal, after holding that Welfare and Institutions Code section 800(c) did not preclude the child from appealing, reversed the decision of the juvenile court. Welfare and Institutions Code section 800 authorizes appeals from certain substantive sections of the code. Section 800(c) states: “Nothing contained in this section shall be construed to authorize an appeal from an order granting probation.” The appellate court interpreted section 800 as a whole to regulate only appeals by “the People.” Thus, the restriction in section 800(c) does not preclude appeals by children from orders placing them on probation. Turning to the merits, the appellate court closely analyzed the prohibition against possessing a “razor with an unguarded blade” on school grounds. It consulted the statutory language, dictionary definitions, and the impact of other statutory provisions to decide that the razor prohibition in Penal Code section 626.10 does not apply to razor blades alone. The appellate court therefore reversed the decision of the juvenile court. The appellate court also stated that the Legislature should promptly address the issue of razor blades on school grounds.