In re Christopher A. CA4/3

Filed 8/26/13 In re Christopher A. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

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

THE PEOPLE, G047228 Plaintiff and Respondent, (Super. Ct. No. DL043034) v. OPINION CHRISTOPHER A.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Jacki C. Brown, Judge. Affirmed in part and reversed in part for reconsideration of probation condition. Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, William M. Wood and Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent.

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1 After sustaining a Welfare and Institutions Code section 602 petition, to declare minor Christopher A. a ward of the court, the juvenile court ordered Christopher to participate in a 52-week batterer‟s program pursuant to Penal Code section 1203.097, subdivision (a)(6). Christopher contends the court misinterpreted Penal Code section 1203.097 to apply to juvenile court delinquency adjudications. We agree and remand to the juvenile court so it may decide whether to impose the disputed probation condition under section 730, subdivision (b).

FACTS

Christopher was 16 years old on July 9, 2012. On that day, Christopher “unlawfully assaulted and battered” his two brothers. He admitted to the police, “I have a really bad temper. I get easily provoked.” Based on Christopher‟s signed waivers and admissions, the court found the four counts alleged in the petition to be true beyond a reasonable doubt. The court declared Christopher a ward of the court and placed him on supervised probation. The court committed Christopher to the care, custody, and control of the probation officer. The court also ordered Christopher released to his parents upon termination of commitment, and to obey various probation conditions. 1 All statutory references are to the Welfare and Institutions Code, unless otherwise stated.