People v. Rhinehart

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Rhinehart was harassing children in a frozen yogurt shop. An employee asked him to leave, Rhinehart refused. A customer thought Rhinehart was going to attack the employee and intervened. Rhinehart challenged the customer to fight; he appeared to reach for his knife. The customer punched Rhinehart, who pulled out his knife and swung, nearly striking the customer. The customer fled. Rhinehart gave chase. The customer eventually returned. The employee called the police, who detained Rhinehart at gunpoint when he refused to follow instructions to get down on the ground. An officer found Rhinehart’s backpack, containing a “rusty saw-like knife.” Rhinehart pled no contest to a felony, carrying a dirk or dagger, and a misdemeanor, exhibiting a deadly weapon. The court suspended his sentence and placed him on three years’ probation. Rhinehart appealed probation conditions that ordered him to “[s]tay out of places where alcohol is the primary item of sale, such as bars or liquor stores;” to “[b]e of good conduct and obey all laws;” and to “not be adjacent to any school campus during school hours unless [he is] enrolled or with prior permission of school Administration or probation.” The court of appeal affirmed, modifying the last condition to specify that he must maintain a 50-foot distance from any school campus, but finding the other conditions reasonable. View "People v. Rhinehart" on Justia Law