In re A.P. CA3

Filed 11/12/21 In re A.P. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (El Dorado) ----

In re A.P., a Person Coming Under the Juvenile Court C093294 Law.

THE PEOPLE, (Super. Ct. No. PDL20200014) Plaintiff and Respondent,

v.

A.P.,

Defendant and Appellant.

After the minor, A.P., admitted committing a misdemeanor hit and run (Veh. Code, § 20002, subd. (a)), the juvenile court placed him on six months’ summary nonwardship probation. (Welf. & Inst. Code, § 725, subd. (a).)1 On appeal, the minor contends that the juvenile court lacked jurisdiction to impose probation conditions beyond those specified in section 725. The minor also challenges the validity of various

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

specific conditions as unconstitutionally overbroad, vague, and violative of the requirements of People v. Lent (1975) Cal.3d 481. We dismiss the appeal as moot. 2 BACKGROUND In March 2020, the minor admitted the allegations of a section 602 petition that he had committed a battery on his girlfriend. (Pen. Code, § 243, subd. (e)(1).) The juvenile court placed the minor on a summary nonwardship probation under section 725, subdivision. (a). While on probation, the minor admitted the allegations of a second section 602 petition that he committed a misdemeanor hit and run (Veh. Code, § 20002, subd. (a)) and a traffic infraction (Veh. Code, § 21460, subd. (a)), and that in so doing, he had violated the terms of his section 725 probation. On December 14, 2020, the juvenile court again placed defendant on a summary nonwardship probation and dismissed the prior petitions. The juvenile court imposed a number of terms and conditions of probation beyond those delineated in section 725, subdivision (a).3 The minor did not object to the

2 The notice of appeal was filed on December 23, 2020. Due to multiple extensions to the briefing schedule, this case was not fully briefed until August 3, 2021. Appellant did not advise this court of any urgency in this appeal based on the abbreviated probationary period. 3 Section 725, subdivision (a) states as to a nonwardship probation: “The minor’s probation shall include the conditions required in Section 729.2 except in any case in which the court makes a finding and states on the record its reasons that any of those conditions would be inappropriate. If the offense involved the unlawful possession, use, or furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, a violation of subdivision (f) of Section 647 of the Penal Code, or a violation of Section 25662 of the Business and Professions Code, the minor’s probation shall include the conditions required by Section 729.10.” Section 729.2 sets forth three conditions: requiring the minor to attend school without unapproved absence, requiring the parents or guardian of the minor to participate in a counseling or education program with the minor, and imposing a curfew on the minor.