In re K.B. CA1/1

Filed 10/16/20 In re K.B. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.B., A Person Coming Under the Juvenile Court Law.

THE PEOPLE OF THE STATE OF A158274 CALIFORNIA, (Solano County Sup. Ct. Plaintiff and Respondent, No. J44533) v. K.B., Defendant and Appellant.

This is an appeal from a dispositional order adjudging K.B. a juvenile court ward pursuant to Welfare and Institutions Code1 section 602 and placing him in the home of his mother under various probationary terms and conditions, including a requirement that he “submit to drug/alcohol testing by any Peace Officer.” K.B.’s sole contention on appeal is that the drug and alcohol testing condition in unreasonable under People v. Lent (1975 ) 15 Cal.3d 481 (Lent), superseded by statute on another ground as stated in People v. Moran (2016) 1 Cal.5th 398, 403, fn. 6 . We disagree and affirm.

All statutory references are to the Welfare and Institutions Code unless 1

otherwise specified. 1

BACKGROUND Our description of the underlying offense is taken from the detention report in this matter which formed the factual basis for K.B.’s admission, with one exception noted below. On July 5, 2019, 17-year-old K.B. and his friend J.D. robbed a hair salon in Vallejo. J.D. was armed with a firearm. K.B. and J.D. demanded money and other valuables from several salon patrons. They eventually ran off with money and three phones. During a search of the area, police observed K.B. and J.D.—who matched the description of the suspects— walk into a residence. The minors were arrested after police called one of the stolen cell phones and heard it ringing inside the house. The Solano County District Attorney filed a juvenile wardship petition alleging that K.B. committed three counts of felony second degree robbery (Pen. Code, § 211) and that he personally used a firearm in the commission of those offenses (Id., §§ 12022.5, subd. (a)(1), 12022.53, subd. (b).) On July 24, 2019, the prosecutor moved to strike the firearm enhancements as to all counts. On July 30, 2019, K.B. admitted to one count of second degree robbery,2 and the juvenile court, pursuant to the prosecutor’s motion, dismissed the other two counts. In advance of the dispositional hearing, the probation department filed a report which noted that K.B. had a history of drug use and poor school performance. By his own account, K.B. started using marijuana when he was 16 years old and had been using it almost daily since his friend was shot and killed in June 2018. He had used marijuana two days before committing the robbery at issue in these proceedings. He had also “experimente[d] with alcohol” once in 2019. The probation department assessed K.B. as a “moderate risk” for reoffense, due in part to his history of drug use and poor school performance.