In re E.R.
Following a contested adjudication hearing, the juvenile court sustained a petition alleging E.R. came within the provisions of Welfare and Institutions Code section 602 for having committed vandalism (count 1: Pen. Code,[1] 594, subds. (a), (b)(2)(A)) and for possessing graffiti tools (count 2: 594.2, subd. (a) (hereafter 594.2(a)). At the disposition hearing, the court set the maximum period of confinement at one year two months and placed E.R. on probation without wardship for a period not to exceed six months under Welfare and Institutions Code section 725, subdivision (a).
E.R. appeals, contending (1) the evidence was constitutionally insufficient to support the court's true findings that she committed vandalism and that she was in possession of a felt tip marker with the intent to commit vandalism; and (2) the prohibited possession of a black felt tip pen under section 594.2 is impermissibly vague and overbroad because it fails to establish standards for the police and the public that are sufficient to guard against the arbitrary deprivation of liberty interests. Court conclude substantial evidence supports the court's findings as to counts 1 and 2, and we reject E.R.'s facial challenge to section 594.2(a). Accordingly, Court affirm the judgment.
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