In re J.T.
Filed 12/24/08 In re J.T. CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION ONE
In re J.T., A Person Coming Under the Juvenile Court Law. | B206718 (Los Angeles County Superior Ct. No. JJ14419) |
THE PEOPLE, Plaintiff and Respondent, v. J.T., Defendant and Appellant. |
APPEAL from a judgment of the Superior Court of Los Angeles County. Robert Ambrose, Judge. Affirmed as modified.
Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Keith H. Borjon and John R. Gorey, Deputy Attorneys General, for Plaintiff and Respondent.
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SUMMARY
Minor appellant challenges the decision of the juvenile court sustaining a Welfare and Institutions Code section 602 petition against her on the ground a condition of probation is vague and overbroad. We agree and modify that condition.
FACTUAL AND PROCEDURAL BACKGROUND
The juvenile court sustained a Welfare and Institutions Code section 602 petition against appellant with respect to one allegation of battery. The court found the battery to be a misdemeanor, declared appellant to be a ward of the court, and ordered appellant placed home on probation on conditions including that she not associate with anyone of whom her parents or probation officer disapproved.
DISCUSSION
Citing In re Sheena K. (2007) 40 Cal.4th 875, the parties agree that the non-association condition is vague and overbroad. We agree and modify the condition to include a knowledge element. (Id. at pp. 891-892.)
DISPOSITION
We modify appellants probation condition number 15 to state as follows: Do not associate with anyone known to you to be disapproved by your parents or probation officer. In all other respects, the judgment is affirmed.
NOT TO BE PUBLISHED.
BAUER, J.*
We concur:
MALLANO, P.J. ROTHSCHILD, J.
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*Judge of the Orange County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
