In re J.R. CA6

Filed 6/27/14 In re J.R. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

IN RE J.R., a Person Coming Under the H039813 Juvenile Court Law. (Santa Clara County Super. Ct. No. JV39800)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.R.,

Defendant and Appellant.

I. INTRODUCTION The minor, J.R., appeals from the juvenile court’s orders in a proceeding under Welfare and Institutions Code section 602, subdivision (a). The minor admitted committing misdemeanor battery (Pen. Code, §§ 242, 243, subd. (a)), and the juvenile court found that the minor committed felony arson (Pen. Code, § 451, subd. (d)). The juvenile court placed the minor on probation with conditions that included: “That said minor not own, use, or possess any incendiary devices” and “[t]hat said minor have no contact of any type with Elliot S.”

On appeal, the minor challenges the above two probation conditions, claiming they are unconstitutionally vague because they lack a knowledge requirement and that the term “incendiary devices” must be defined. The Attorney General does not oppose these probation conditions being modified. The minor also contends, and the Attorney General concedes, that the juvenile court’s disposition report incorrectly states that the minor admitted the felony arson count. We will modify the challenged probation conditions and the disposition report, and we will affirm the judgment as modified.

II. BACKGROUND The facts of the charged offenses are not relevant to the minor’s contentions on appeal. Briefly, on April 25, 2012, the minor assaulted 14-year-old Elliot S. by knocking him to the ground and punching him in the groin. On August 6, 2012, the minor lit a couch on fire at a park. On January 14, 2013, a Welfare and Institutions Code section 602 petition was filed, alleging that the minor committed felony arson (Pen. Code, § 451, subd. (d)) and misdemeanor battery (Pen. Code, §§ 242, 243, subd. (a)). On May 3, 2013, the minor admitted the misdemeanor battery count. After a contested jurisdictional hearing, the juvenile court sustained the felony arson count. On May 24, 2013, the juvenile court declared the minor a ward of the court and placed the minor on probation with conditions that included: “That said minor not own, use, or possess any incendiary devices” and “[t]hat said minor have no contact of any type with Elliot S.”1