In re Israel G. CA4/3
Filed 1/21/15 In re Israel 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ISRAEL G., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, G049030 Plaintiff and Respondent, (Super. Ct. No. DL044497) v. OPINION ISRAEL G.,
Defendant and Appellant.
Appeal from an order of the Superior Court of Orange County, Richard Y. Lee, Judge. Affirmed as modified. Esther K. Hong, 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, Charles C. Ragland and Laura Baggett, Deputy Attorneys General, for Plaintiff and Respondent. * * *
The court found true an allegation that Israel G., a minor, had committed second degree robbery and placed him on probation. The minor contests three probation conditions as vague and overbroad. We find the conditions, with a few minor modifications, pass constitutional muster, and we therefore affirm the order as modified below. The minor also requests we modify one condition to accurately reflect the court’s oral disposition, which we shall also order. I FACTS In April 2013, the Orange County District Attorney filed a petition pursuant to Welfare and Institutions Code section 602, alleging the minor, who was 13 years old at the time, had committed second degree robbery. (Pen. Code, § 211, 212.5, subd. (c)). In August, during a jurisdictional hearing, the court heard testimony that the minor and his cousin approached Gabriel T. (age 11) and Brian O. (age 14). Gabriel was standing in front of Brian’s bicycle, and the minor demanded it. Based on the belief the minor was going to hit him if he refused, Gabriel gave the minor the bicycle. Brian later identified the minor in a photo lineup. When interviewed, the minor admitted he intimidated the victim into giving him the bicycle. He intended to sell it for a profit. After the hearing’s conclusion, the juvenile court found the petition true. The minor was declared a ward and placed on probation. The minor now appeals several conditions of his probation. II DISCUSSION We review probation conditions for abuse of discretion. (People v. Carbajal (1995) 10 Cal.4th 1114, 1121.) The juvenile court may “impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.” (Welf.
More from California Court of Appeal
- People v. Hill (1998)
- In Re Autumn H. (1994)
- Nwosu v. Uba (2004)
- In Re Casey D. (1999)
- Santisas v. Goodin (1998)
- Cahill v. San Diego Gas & Electric Co. (2011)
- People v. Rivera (2015)
- People v. Barnett (1998)
- People v. Serrano (2012)
- Benach v. County of Los Angeles (2007)