In re M.M. CA2/8

Filed 5/7/13 In re M.M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re M.M., a Person Coming Under the B240986 Juvenile Court Law. (Los Angeles County Super. Ct. No. KJ36798)

THE PEOPLE,

Plaintiff and Respondent,

v.

M.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court for the County of Los Angeles. Merrill L. Toole, Temporary Judge. (Pursuant to Cal. Const. art. VI, § 21.) Affirmed. Holly Jackson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Analee J. Brodie, Deputy Attorney General, for Plaintiff and Respondent. ____________________________________

SUMMARY The only issue raised in this case is whether a probation condition ordering the minor defendant, M.M., to participate in counseling was unconstitutionally vague and overbroad. The minor forfeited his claim by failing to present it to the juvenile court, and in any event the condition was not vague or overbroad. We affirm the juvenile court‘s order. FACTS In December 2011, the Los Angeles County District Attorney filed a petition alleging that the minor came within the provisions of Welfare and Institutions Code section 602, in that he committed the crime of misdemeanor sexual battery in violation of Penal Code section 243.4, subdivision (e)(1) [―Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery‖]. The minor denied the allegation, but the evidence presented to the juvenile court established all the elements of the crime. The minor, the female victim, and M.O, the victim‘s very close friend, were students at the same high school. During a class, all the students were playing a game requiring them to get up and change seats from time to time. When the victim got up to change seats during the game, the minor reached out and touched the victim‘s crotch area with his right hand. M.O. saw the minor touch the victim in her crotch area, and another student saw the minor touch the victim on her ―thighs, butt,‖ but could not see ―how far in it went, but around that area.‖ When the minor touched her, the victim said, ―What the hell are you doing?‖ and went to the back of the classroom. She would not talk to M.O. or anyone else and ―was upset about the situation.‖ The next day, the minor brought a teddy bear to class and said he was going to give it to the victim ―[b]ecause he felt bad for what he did.‖ The victim reported the matter to the assistant principal, and then to the police, on the day after the incident. The investigating officer interviewed the victim, who was emotionally upset and cried. The officer interviewed the minor, who told him that he