In re J.B. CA6

Filed 12/7/15 In re J.B. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.B., a Person Coming Under the H042516 Juvenile Court Law. (Monterey County Super. Ct. No. J48295)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.B.,

Defendant and Appellant.

I. INTRODUCTION In this juvenile delinquency proceeding, the minor, J.B., admitted that she drove a vehicle without a license (Veh. Code, § 12500, subd. (a)), and the juvenile court found that she unlawfully drove or took a vehicle (Veh. Code, § 10851, subd. (a)), assaulted a peace officer (Pen. Code, § 245, subd. (c)), and evaded an officer (Veh. Code, § 2800.2, subd. (a)). The minor was declared a ward of the court and placed in the care, custody, and control of the probation officer. On appeal, the minor’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 that stated the case and facts, but raised no issue. We

notified the minor of her right to submit written argument on her own behalf within 30 days. The 30-day period elapsed without a response from the minor. We subsequently requested the parties submit supplemental briefs addressing whether the minor could challenge probation conditions that were ordered at a prior disposition hearing and, if so, whether a knowledge element should be added to certain probation conditions. We conclude the minor is barred from challenging the previously- imposed probation conditions under In re Shaun R. (2010) 188 Cal.App.4th 1129 (Shaun R.). We will therefore affirm the judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND1 A. Facts Underlying Current Petition On April 12, 2015, at approximately 3:30 a.m., Salinas Police Officer Scott Sutton initiated a traffic stop on a Honda Accord, which had temporary license plates and was being driven by the 14-year-old minor. The minor “accelerated away,” and Officer Sutton pursued her as she drove at speeds up to 84 miles per hour and failed to stop at stop signs. The pursuit ended when the minor drove the Accord into a police vehicle. The minor and her juvenile passenger were detained, and police found Oxycodone pills in the minor’s possession. The minor’s mother, who owned the Accord, told police that the minor did not have permission to drive the vehicle that night. Based on the above incident, the District Attorney filed a Welfare and Institutions Code section 602 petition alleging that the minor unlawfully drove or took a vehicle (count 1; Veh. Code, § 10851, subd. (a)), assaulted a peace officer (count 2; Pen. Code, § 245, subd. (c)), evaded an officer (count 3; Veh. Code, § 2800.2, subd. (a)), and drove a vehicle without a license (count 4; Veh. Code, § 12500, subd. (a)).