In re Daniel G. CA4/3

Filed 9/27/13 In re Daniel G. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 DANIEL G., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G047775 Plaintiff and Respondent, (Super. Ct. No. DL042936) v. OPINION DANIEL G.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Cheryl L. Leininger, Judge. Reversed and remanded with directions. Request for judicial notice. Granted. Brendan M. Hickey, 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 Heather F. Crawford, Deputy Attorneys General, for Plaintiff and Respondent. * * * INTRODUCTION Daniel G. (the minor) admitted possessing a folding knife and a small amount of marijuana on school grounds. The minor was placed on probation, but was not made a ward of the juvenile court. The minor successfully completed probation, the case was dismissed, and probation was terminated. On appeal, the minor argues the juvenile court improperly imposed a 10-year firearm ban as a condition of probation; the Attorney General agrees. Because the statutory firearm ban was not authorized, given the crimes which the minor admitted committing, we will order that the juvenile court vacate the ban. The minor also argues that several probation conditions were overbroad because they failed to include a knowledge requirement. While the lack of a knowledge requirement can make a probation condition unconstitutional, in this case, the issue is moot because the minor successfully completed his probation, and probation has been terminated. BACKGROUND1 In June 2012, the minor, then 14 years old, was charged with unlawful possession of a folding knife on school grounds (Pen. Code, § 626.10, subd. (a)(1)) and possession of not more than 28.5 grams of marijuana on school grounds (Health & Saf. Code, § 11357, subd. (e)). The minor admitted to both misdemeanor violations, and the juvenile court placed him on probation without making him a ward of the court. (Welf. & Inst. Code, § 725, subd. (a).) The court advised the minor that it would