What language does the Attorney General have with respect to a written probation order for a minor with a history of violence?

California, United States of America


The following excerpt is from People v. Martinez, A145585 (Cal. App. 2016):

3. The quoted language is from the juvenile court's oral pronouncement, which is consistent with the written probation order in all relevant respects except that it eliminates a redundancy in the weapon-related term. We conclude that the oral pronouncement controls. (See People v. Pirali (2013) 217 Cal.App.4th 1341, 1346.)

4. The quoted language is from the juvenile court's oral pronouncement, which is consistent with the written term.

5. The Attorney General asks that we include the phrase "or reasonably should know" in any modification we make. Although we agree that a constructive knowledge requirement is permissible (see People v. Rodriguez (2013) 222 Cal.App.4th 578, 588-589), one is not necessary, and there is no evidence that the trial court intended to impose such a requirement here.

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