In re A.B. CA2/6

Filed 12/18/13 In re A.B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re A.B., a Person Coming Under the 2d Juv. No. B249204 Juvenile Court Law. (Super. Ct. No. PJ49657) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.B.,

Defendant and Appellant.

A.B. appeals a juvenile court probation condition issued after the trial court sustained a juvenile wardship petition (Welf. & Inst. Code, § 602), finding A.B. had committed an assault and battery (Pen. Code, § 242). We conclude, among other things, that: 1) a condition that restricts A.B.'s access to schools he does not attend does not violate his constitutional right to travel, but 2) an overly broad one-block zone restriction must be modified to eliminate the risk that the minor might innocently or inadvertently contravene the condition while engaged in lawful daily activities. We modify the condition. In all other respects, the judgment is affirmed.

FACTS On September 7, 2012, at approximately 4:30 p.m., Ezzit Gadalla, the manger of an apartment building, saw five or six "kids sitting in the common area" near a no trespassing sign. He testified that on four occasions he saw them inside his "property in the parking lot." They were not tenants and were not authorized to be there. Gadalla took out a camera phone to take pictures of these minors. Some of them hid their faces, others ran away. He took a picture of A.B. who responded by slapping the camera away and hitting Gadalla's hands. Gadalla picked up the camera. A.B. slapped Gadalla's face. Gadalla felt pain "from the hit." A.B testified, "I did not shove the man per se but the phone. I did push it out of my face." He said Gadalla hit him "in the back of [his] head." A.B. "did a backhand motion and hit [Gadalla] in his face." The trial court sustained the petition. In her report to the court, A.B.'s probation officer said, "Due to the fact that minor is currently before the court on a misdemeanor charge and has not been placed on probation previously this officer is not opposed to minor being placed on informal supervision at this time." (Capitalization omitted.) The trial court told A.B., "[Y]ou're on probation, but you don't have to report to the probation officer unless they tell you to." It imposed probation condition No. 12. It provides, "Do not be within one block of any school ground unless enrolled, attending classes, on approved school business, or with school official, parent or guardian." A.B.'s counsel did not object when the court imposed this condition. DISCUSSION The Validity of a Condition Restricting Access to Other Schools A.B. contends condition No. 12 is not a valid probation condition and it "improperly intrudes on [his] constitutional right to travel." (Capitalization omitted.) The People contend A.B. forfeited this claim by not raising it in the trial court. A.B. responds that his failure to object in juvenile court does not preclude appellate review. He argues that because his claim primarily involves a facial challenge