In re Andrew M. CA4/3

Filed 6/16/15 In re Andrew M. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ANDREW M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G050102 Plaintiff and Respondent, (Super. Ct. No. DL043890) v. OPINION ANDREW M.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Maria D. Hernandez, Judge. Affirmed as modified. Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, and Barry Carlton, Deputy Attorney General, for Plaintiff and Respondent. * * *

INTRODUCTION After the juvenile court found that Andrew M. had possessed methamphetamine for sale in violation of Health and Safety Code section 11378, the court, inter alia, reimposed probation conditions that it had imposed after sustaining prior juvenile delinquency petitions filed against Andrew. Those conditions included that Andrew not use or possess “any dangerous, illegal or deadly weapons,” and not “initiate contact” with, or “cause to be contacted by” any victims or witnesses “of any offense” alleged against him. Andrew argues both conditions are unconstitutionally vague because they lack a scienter requirement. We modify both conditions to each contain a scienter requirement. We affirm the order as so modified.

BACKGROUND In March 2014, a notice of hearing on juvenile probation violations was filed in the juvenile court, which alleged Andrew had been previously declared a ward of the Orange County Juvenile Court under Welfare and Institutions Code section 602, and had been ordered to comply with certain probation conditions. The notice further stated Andrew failed to comply with the conditions because he was ordered (1) not to have any weapons or knowingly be in the presence of any illegally armed person, and he was found in possession of a knife; (2) to submit to drug testing as directed by the probation officer, and he failed to do so on two occasions; (3) to report to the probation officer as directed, and he twice failed to do so; and (4) to notify the probation officer of his current address and telephone number, and to report any changes within 48 hours, but he changed residences without notifying the probation officer within 48 hours.