In re Elijah L. CA1/4

Filed 8/23/22 In re Elijah L. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ELIJAH L., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A163021 v. (Contra Costa County ELIJAH L., Super. Ct. No. J16-01167) Defendant and Appellant.

Elijah L., a 20-year-old ward of the juvenile court, appeals a dispositional order placing him on home supervision with the condition, among others, that he submit to alcohol and drug testing as directed by the probation department. He contends the court abused its discretion by imposing the testing conditions since the record contains no evidence of a history of substance abuse or evidence that he was under the influence of drugs or alcohol at the time of the offense. We conclude that because Elijah is not yet 21 years of age and, thus, is prohibited by law from using alcohol or marijuana, the condition is nonetheless proper. Background On September 1, 2020, the Contra Costa County District Attorney filed a juvenile wardship petition (Welf. & Inst. Code, § 602) alleging that Elijah

1

had twice committed rape on an unconscious person (Pen. Code, § 261, subd. (a)(4)). On January 21, 2021, the court granted the prosecutor’s request to amend the petition to add an allegation of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). After Elijah entered a plea of no contest to the felony assault allegation in exchange for the dismissal of the two rape allegations, the juvenile court sustained the petition. On June 22, 2021, at the conclusion of the contested dispositional hearing, the court placed Elijah on home supervision. Over trial counsel’s objection, the court ordered, among other conditions, that Elijah abstain from using alcohol and marijuana and that he submit to alcohol and drug testing as directed by the probation department. Elijah timely filed a notice of appeal. Discussion “ ‘The purposes of juvenile wardship proceedings are twofold: to treat and rehabilitate the delinquent minor, and to protect the public from criminal conduct.’ [Citation.] To those ends, a juvenile court may order a ward under its jurisdiction to probation. [Citation.] Under Welfare and Institutions Code section 730, subdivision (b), the court ‘may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.’ ” (In re Ricardo P. (2019) 7 Cal.5th 1113, 1118 (Ricardo P.).) The juvenile court retains jurisdiction over a non- minor who attains the age of 18 after committing his offense but before juvenile probation is imposed. (Welf. & Inst. Code, § 607, subd. (b); In re Victor L. (2010) 182 Cal.App.4th 902, 929.)