People v. C.M. CA2/6

Filed 10/26/20 P. v. C.M. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B300993 (Super. Ct. No. 18JV-00241, Plaintiff and Respondent, 00241A, 00241B) (San Luis Obispo County) v.

C.M.,

Defendant and Appellant.

C.M. appeals probation condition orders of the juvenile court following the sustaining of Welfare and Institutions Code section 602 (“section 602”) petitions finding that he committed second degree burglary, vandalism, resisting a peace officer, and being under the influence of a controlled substance. The court imposed a condition that he submit to a search of any electronic device and provide the probation officer or police any passcodes. We conclude, among other things, that a search condition for electronic devices is authorized given the facts of this case, but the condition is too broad and must be narrowed. The court did not err by ordering the minor’s parents to pay a juvenile

restitution fine. We strike the electronic search condition and remand to the juvenile court to limit and modify the scope of that search condition. In all other respects, we affirm. FACTS In July 2018, C.M. and his brother went to a residence they knew was vacant. They entered the house after C.M.’s brother broke a window. They “stole items which included laptops, a flat panel TV, four video cameras, an iPhone, a tablet, a violin and clothing.” C.M. and his brother were arrested. On July 16, 2018, the People filed a juvenile wardship petition under section 602. They alleged, among other things, that C.M. committed second degree burglary (Pen. Code,1 § 459), a felony; and that on July 13 he committed vandalism (§ 594, subd. (b)(2)(A)), causing damage less than $400. On March 10, 2018, C.M. unlawfully resisted or obstructed a police officer. (§ 148, subd. (a)(1).) On April 11, 2019, the People filed another section 602 petition alleging C.M. committed the crime of using and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)); on November 9, 2018, he committed the crime of shoplifting (§ 459.5, subd. (a)); on November 21, 2018, he received stolen property (§ 496, subd. (a)) and was in possession of alcohol as a minor (Bus. & Prof. Code, § 25662, subd. (a)). On August 13, 2019, the People filed another section 602 petition alleging C.M. unlawfully resisted and obstructed police officers who were discharging their duties. C.M. admitted the allegations that he committed second degree burglary, vandalism, resisting a peace officer, and being