In re G.B.

V.D., a worker at the Pittsburg Marina, saw G.B. with other young men near the maintenance yard, through a cyclone fence. He went inside a building where he could see them through an open door approximately 30 feet away. V.D. saw G.B., standing, while the others were sitting, dancing and waving a gun in the air. About five minutes later, police arrived, detained the young men, and discovered a shotgun and a revolver in the area where the young men had been. V.D. identified G.B. as the person who had been holding the gun. Officer Baker and V.D. both testified that G.B. was wearing white, but photographs of the individuals detained by police show him wearing black. G.B. was placed on juvenile probation after the court sustained allegations he possessed a concealable firearm (Penal Code section 29610). The court of appeal affirmed in part, rejecting an argument that the jurisdictional finding must be reversed because the eyewitness identification was unreliable. The court struck a probation condition requiring that G.B. “have peaceful contact only with all law enforcement” as unconstitutionally vague and narrowed a condition that G.B. stay away from any school campus unless enrolled to be consistent with state law concerning visiting school grounds. View "In re G.B." on Justia Law