In re Abel G.
Filed 10/17/13 In re Abel G. CA4/3
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
FOURTH
APPELLATE DISTRICT
DIVISION THREE
In re ABEL G., a Person Coming Under the Juvenile
Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
ABEL G.,
Defendant and Appellant.
G048389
(Super. Ct. No.
DL042513)
O P I
N I O N
Appeal from a judgment
of the Superior Court
of
County, Gregory W. Jones Judge. Affirmed.
Steven A. Brody, under
appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for
Respondent.
* * *
I
FACTS
We appointed
in 1999, on appeal. Counsel filed a
brief which set forth the facts of the case.
Counsel did not argue against the client, but advised the court no
issues were found to argue on minor’s behalf.
(People v. Wende (1979) 25
Cal.3d 436.) Minor was given 30 days to
file written argument in his own behalf.
That period has passed, and we have received no communication from
minor.
The district attorney
filed a petition on May 8, 2012
alleging minor committed vandalism and possessed graffiti tools. Another petition was filed on June 6, 2012 alleging minor possessed
a folding knife at school. After minor
failed to appear for a May 21, 2012
hearing and a June 18, 2012
hearing, the court issued a bench warrant.
On October 19, 2012, minor admitted the offenses
alleged in both petitions. He initialed
and signed the guilty plea form. Additionally,
minor orally admitted to the juvenile court he committed the crimes alleged in
both petitions.
The juvenile court found
minor “comes under Sec. 602 W&I Code,†and declared minor “a non-ward of
the Orange County Juvenile Court
under Section 725 of the W&I Code.â€
(All statutory references are to the Welfare and Institutions
Code.) Part of the agreement reached
between minor and the prosecutor is handwritten on a
the lawyers for both sides: “If in 6
months, there are no new, pending, or sustained law or probation violations,
the court may allow minor to withdraw his admissions.â€
On December 3, 2012, minor refused to submit to a
drug test. On January 3, 2013, minor failed to keep an
appointment with the coordinator of an addiction program. On January
29, 2013, the minor informed the probation officer his drug test
results would be positive for marijuana.
On March 26, minor brought a marijuana pipe and lighter to school, and
was suspended from school. He failed to
appear for his probation appointment on April 1, and did not complete his
addiction program. Minor tested positive
for marijuana on November 14, January 29, February 25 and March 12.
The juvenile court
denied minor’s motion to withdraw his plea on April 19, 2013.
Probation was terminated and a disposition hearing was set. On May 3, the court ordered minor a ward of
the juvenile court pursuant to section 602.
The court ordered minor placed on probation, and the
probation imposed on 10-19-12
to remain in full force and effect.â€
The May 3, 2013 minute order states: “Minor not to knowingly possess any item that
indicates gang membership or affiliation, do not knowingly wear any clothing,
jewelry, insignia which indicates gang membership or affiliation.†Minor appealed from the court’s May 3 order.
II
DISCUSSION
Pursuant to
738, counsel informed this court of a few potential issues in order to assist
this court in its independent review.
The three potential issues are:
1) May the juvenile court add new terms and conditions of probation
without a new petition when nonward probation under section 725 is terminated
and a minor is declared a ward of the court under section 602? 2) Did the court violate minor’s due process
rights by accepting an admission from minor’s counsel, but not minor
himself? 3) In ordering minor not to
wear gang clothing absent a knowledge requirement, did the juvenile court
err?
“If the court has found
that the minor is a person described by Section 601 or 602, by reason of the
commission of an offense . . . it may, without adjudging the minor a ward of
the court, place the minor on probation, under the supervision of the probation
officer, for a period not to exceed six months. . . . If the minor fails to comply with the
conditions of probation imposed, the court may order and adjudge the minor to
be a ward of the court.†(§ 725, subd.
(a).) Here, when minor did not comply
with informal probation, the court exercised its statutory authority to declare
minor a ward of the court.
Under section 730, the
court “may impose and require any and all reasonable conditions that it may
determine fitting and proper to the end that justice may be done and the
reformation and rehabilitation of the ward enhanced.†(§ 730, subd. (b).) The juvenile court has broad discretion to
order probation conditions. (
Cal.4th 158, 183.) A probation condition
must give a probationer fair notice as to what is permitted. (In re
Sheena K. (2007) 40 Cal.4th 875, 891.)
Here the court’s minute order specifically orders minor not to associate
with those he knows to be gang members and not to wear clothing or jewelry he
knows to be indications of gang
affiliation.
We have examined the
record and found no other arguable issues.
(People v. Wende,
The judgment is
affirmed.
MOORE,
J.
WE CONCUR:
RYLAARSDAM,
ACTING P. J.
ARONSON, J.
