In re K.S.





















Filed 8/3/10 In re
K.S. CA3









NOT
TO BE PUBLISHED



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opinion has not been certified for publication or ordered published for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

THIRD APPELLATE
DISTRICT

(San
Joaquin)

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>

In re K. S., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, Plaintiff and Respondent, v. K. S., Defendant and Appellant.	C063042 (Super. Ct. No. 62572)

The minor, K. S.,
appeals from a probation condition imposed following his adjudication for receiving a stolen vehicle. He contends the trial court abused its
discretion by imposing a gang probation condition where, as here, there is
nothing in his history which suggests he has ever been involved in gang-related
conduct or that this offense was in any way gang related. We find the court failed to exercise its
discretion in imposing the probation condition and remand the matter for
further proceedings consistent with this opinion.

STATEMENT
OF FACTS

Between the early
morning of July 4, 2009, and
the afternoon of July 5, 2009,
Michelle Wong's black Honda Civic was stolen from her home in Daly
City. On the
afternoon of July 5, 2009,
the minor called his friend John Davisson and claimed he had a way for them to
make some money, get his car out of impound, and pay off Davisson's car. Davisson said, â€