In re C.C. CA5

Filed 6/24/14 In re C.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 C.C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067898

Plaintiff and Respondent, (Super. Ct. No. 513395)

v. C.C., OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Nan Cohan Jacobs, Judge. Holly Jackson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and John G. McLean, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

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

INTRODUCTION On August 13, 2013, a petition was filed pursuant to Welfare and Institutions Code section 602, alleging that appellant, C.C., committed the following misdemeanor offenses: vandalism (Pen. Code, § 594, subd. (b)(2)(A), count 1) and receiving stolen property (Pen. Code, § 496, subd. (a), count 2). On August 21, 2013, appellant waived her rights and admitted count 2. Count 1 was dismissed. Appellant was declared a ward of the court and placed on probation. Appellant was ordered to spend 45 days in juvenile hall, with 15 of those days in home detention. Appellant contends there was insufficient evidence of her involvement in gangs to support the gang conditions of her probation. Among the conditions of probation were the following gang-related conditions stating that appellant was advised as follows:

“You are not to be a member of any gang, act in furtherance of, in association with or for the benefit of any gang or participate in any gang activity;

“You are not to associate or communicate with any person known by you to be a gang member or anyone with whom you know a parent, guardian, or probation officer prohibits association, including but limited to Norteños;1