In re D.W. CA1/1

Filed 9/20/16 In re D.W. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re D.W., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A147225

Plaintiff and Respondent, (Humboldt County v. Super. Ct. No. JV150219) D.W., Defendant and Appellant.

D.W. was declared a ward of the court after he admitted to battery, petty theft, and possession of a concealed firearm. He now appeals, arguing certain conditions of his probation are overbroad and vague and thus unconstitutional. Specifically, D.W. challenges conditions prohibiting him from associating with his girlfriend and from possessing firearms and intoxicating substances. D.W. also argues the trial court erred by not declaring whether the firearm count was sustained as a misdemeanor or felony. We find these contentions unavailing and affirm. I. BACKGROUND On October 19, 2015, a juvenile wardship petition was filed against D.W., alleging second degree robbery (Pen. Code,1 § 211; count I); battery (§ 242; count II); petty theft (§ 488; count III); possession of a concealed firearm, with the special allegation D.W.

1 All statutory references are to the Penal Code unless otherwise indicated.

was not in lawful possession of the firearm (§ 25400, subds. (a)(2), (c)(4); count IV); possession of a firearm by a minor (§ 29610; count V); and possession of an alcoholic beverage in public by an individual under 21 years old (Bus. & Prof. Code, § 25662 subd. (a); count VI). D.W. admitted to counts II, III, and IV—the allegations of battery, petty theft, and possession of a concealed firearm. The remaining allegations were dismissed. One of the bases for the wardship petition was a January 30, 2015 incident at an Ace Hardware store next to the McKinleyville Middle School (MMS). The victim reported D.W. had punched him in the back of the head several times and ran off with his skateboard. MMS’s principal told the police that D.W., along with a number of other minors who were present during the incident, were members of a gang known as the “Mack Town Boys.” D.W. was detained two days later in connection with a “domestic issue” in a Safeway parking lot. The police contacted D.W. again on or around October 15, 2015. D.W. was seen walking behind the Les Schwab Tire Center in McKinleyville, and was recognized as being out past curfew. D.W. walked away from the approaching officers, but he stopped when the deputies called out his name. The police smelled alcohol and marijuana emanating from D.W.’s person. After the police advised D.W. he was being detained, D.W. said, “ ‘[T]here’s something in my bag. I’m gonna go to jail.’ ” A search of D.W.’s bag revealed a .32-caliber revolver and a partially empty bottle of vodka. C.C., D.W.’s 18-year-old girlfriend, was present at the scene of the arrest. According to the probation report, she “became very agitated and confrontational with law enforcement[,] demanding answers about [D.W.]’s arrest.” Probation recommended the trial court order D.W. not to associate with C.C. as part of his probation. D.W.’s probation officer explained C.C. “engaged in illicit activities with [D.W.], i.e., smoking marijuana, having confrontations with law enforcement during his arrest, and questionable photographs on her personal Facebook page with him depicted as ‘throwing up [gang] signs.’ ”