In re Christian A. CA5

Filed 7/31/13 In re Christian A. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re CHRISTIAN A., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F065782

Plaintiff and Respondent, (Super. Ct. No. 12JQ0092)

v. OPINION CHRISTIAN A.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. George Orndoff, Judge. John K. Cotter, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Larenda R. Delaini, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Poochigian, J. and Detjen, J.

On June 19, 2012, a single-count juvenile wardship petition (petition) was filed in which it was alleged that appellant, Christian A., a minor, committed a lewd and lascivious act upon a person under the age of 14, in violation of Penal Code section 288, subdivision (a).1 On August 7, 2012, appellant admitted the allegation, and on August 21, 2012, at the disposition hearing, the juvenile court adjudged appellant a ward of the court, placed him on probation, and ordered he serve at least 30 days, but no more than one year, in the Kings County Juvenile Center. The petition contained the following: “NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 290. Willful failure to register is a crime.”2 We refer to this notice as the section 290 notice. At the disposition hearing, appellant requested (1) the juvenile court strike the section 290 notice from the petition and (2) language be added to the terms and conditions of probation explicitly stating appellant is not ordered to register as a sex offender. The juvenile court denied the first request and did not respond to the second. On appeal, appellant contends the juvenile court erred in not granting both requests. Respondent concedes the point as to the first request and does not respond to appellant’s claim as to the second. We will direct the juvenile court to strike the section 290 notice from the petition and to notify appropriate juvenile court authorities in Texas of this correction.