In re Anthony B. CA4/3

Filed 6/27/13 In re Anthony B. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re ANTHONY B., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G047230 Plaintiff and Respondent, (Super. Ct. No. DL041617) v. OPINION ANTHONY B.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Jacki C. Brown, Judge. Affirmed. Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, James D. Dutton and Donald W. Ostertag, Deputy Attorneys General, for Plaintiff and Respondent. * * *

I. Introduction After Anthony B. (the Minor) admitted allegations of assault and battery against his father, the juvenile court ordered that he remain a ward of the court subject to supervised probation, with the condition he complete “the functional equivalent of the batterers’ treatment program which is to include substance abuse component.” The Minor argues that condition was unauthorized because Penal Code section 1203.097 (section 1203.097), which authorizes a court to condition probation on completion of a batterer’s treatment program, does not apply to juvenile adjudications. We do not reach the issue whether section 1203.097 applies to juvenile adjudications because, we conclude, the juvenile court had discretion under Welfare and Institutions Code section 730, subdivision (b) to condition probation on completion of a batterer’s treatment program. We therefore affirm.

II. Background In November 2011, the Orange County District Attorney filed a petition to declare the Minor a ward of the court pursuant to Welfare and Institutions Code section 602, based on allegations the Minor committed misdemeanor battery (Pen. Code, § 242) against Nancy F. A second petition was filed in March 2012, alleging the Minor committed two counts of petty theft (id., §§ 484, subd. (a), 488). In April 2012, the Minor waived his rights and admitted the allegations of both petitions. The juvenile court declared the Minor to be a ward of the court under Welfare and Institutions Code section 602 with the maximum term of confinement fixed at 10 months. The court ordered the Minor to serve four days in a juvenile institution, with credit for four days, followed by supervised probation and release to a parent.