Fare v. Michael G.

Opinion

HASTINGS, J.

Michael G., a minor, appeals from the juvenile court order of wardship (Welf. & Inst. Code, §§ 602, 726) upon the finding that he committed a violation of Penal Code section 242 (battery), a misdemeanor. He was placed on home probation in the custody of his parents, subject to certain terms and conditions. He now appeals.

Between 11:30 and 11:40 a.m. on October 15, 1976, appellant, a student at Polytechnic High, walked towards Scott Kasop, another student, in a threatening manner, saying, “You white boys come after me, then I’m going to back it up.” He then ran towards Scott. As appellant started swinging punches, Scott defended himself by kicking

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appellant in the side. Soon thereafter the fight was broken up by a school security guard. As Mr. Baldwin, a teacher in charge of discipline for 10th graders, was escorting Scott to the office, appellant hit Scott on the side of his head. Scott fell down, apparently unconscious.

Appellant contends that the court erroneously refused to exercise its discretion under section 725, subdivision (a) of the Welfare and Institutions Code

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to place appellant on probation without declaring him a ward of the court.

At the hearing on appellant’s motion for disposition under section 725, subdivision (a), the following colloquy occurred:

“Mr. Yamada: Your Honor, I urge the

Court not to

declare the minor a ward under 602.

“I ask the Court to consider placing the minor under a six-month program pursuant to Welfare and Institutions Code Section 725(a).

“The Court: You realize under 725(a), you can’t impose conditions?

“Mr. Yamada: Your Honor, I believe that the Court can make certain orders.

“The Court: You cannot put any conditions on 725(a), none at all. It’s illegal.