In re Rodney S. CA1/4

Filed 2/16/22 In re Rodney S. CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re RODNEY S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A160379 v. RODNEY S., (Solano County Super. Ct. No. J43803-002) Defendant and Appellant.

Rodney S. appeals from a dispositional order that included an electronic search condition of probation and required him to complete a Challenge Academy program. Rodney contends the electronic search condition is both unreasonable and unconstitutional (People v. Lent (1975) 15 Cal.3d 481). He further argues that the court’s Challenge Academy early release authorization was an unlawful delegation of judicial authority. We determine the appeal is moot: Rodney has completed the Challenge Academy program, and the related probationary grant was terminated,

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including the condition he now challenges on appeal.1 We therefore dismiss the appeal. BACKGROUND On April 2, 2020, the Solano County District Attorney filed a wardship petition (Welf. & Inst. Code, § 602, subd. (a)), alleging that then 17-year-old Rodney possessed a concealed firearm in a vehicle (Pen. Code, § 25400, subd. (a)(1); count 1), committed the felony of carrying a loaded, prohibited firearm (Pen. Code, § 25850, subd. (a); count 2), and possessed a large- capacity magazine (Pen. Code, § 32310, count 3).2 On April 10, 2020, Rodney admitted carrying the loaded firearm (count 2); the remaining counts were dismissed. At the May 18, 2020, disposition hearing, the court committed Rodney to the care, custody, and control of probation, to be placed at the Challenge Academy. Because Rodney had completed the full nine-month Challenge Academy program before, the court allowed probation to “modify the program to fit him,” which could include completion in fewer than the standard nine months. At a follow-up hearing on June 10, 2020, the court clarified its intent to include the warrantless search of electronic devices in the terms of probation ordered on May 18. On June 25, 2020, Rodney filed a notice of appeal. Rodney completed the Challenge Academy program on October 24, 2020—a fact not raised by either party in appellate briefing but evidenced by the record in Rodney’s