In re C.R. CA6

Filed 3/5/13 In re C.R. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re C.R., a Person Coming H038235 Under the Juvenile Court Law. (Santa Clara County Super. Ct. No. JV38601)

THE PEOPLE,

Plaintiff and Respondent,

v.

C.R.,

Defendant and Appellant.

After a contested jurisdictional hearing, the juvenile court sustained a petition accusing appellant C.R. of misdemeanor battery (Pen. Code, § 242, 243, subd. (a)). The court declared appellant to be a ward of the court and placed her on probation for six months. On appeal, she challenges several of the probation conditions as vague and overbroad, along with a search condition she regards as unreasonable. We find appellant's points to be well taken and therefore will modify the dispositional order.

Background The petition filed under Welfare and Institutions Code section 6021 arose from a confrontation between appellant and another girl at her high school, with whom there had been a previous "problem" relationship. After exchanging "angry words and stares," the other girl, Priscilla L., retreated. Appellant found Priscilla in a classroom, pushed her, and then began slapping her. The court found appellant to be a minor described by section 602 and imposed multiple conditions, including the following ones that are challenged on appeal: "5. That said minor not be on or adjacent to any school campus unless enrolled or with prior administrative approval; . . . "7. That said minor not use, possess, or be under the influence of alcohol or any form of controlled or illegal substance without the legal right to do so and submit to drug and substance abuse testing as directed by the Probation Officer; "8. That said minor not be in possession of any drug paraphernalia; "9. That said minor submit his [sic] person, property, residence, or any vehicle owned by said minor or under said minor's control to search and seizure at any time of the day or night by any peace officer with or without a [w]arrant; . . . "17. That said minor have no contact of any type with Priscilla L. . . . " From the court's dispositional order on April 23, 2012, appellant filed a timely notice of appeal. Discussion Appellant challenges conditions 5, 7, 8, and 17 as being unconstitutionally vague and overbroad. All of those, she points out, lack an express requirement that she knowingly engage in conduct that would violate probation. In addition, condition 5 does