From Casetext: Smarter Legal Research

In re Thomas F.

California Court of Appeals, First District, Third Division
Aug 29, 2007
No. A115983 (Cal. Ct. App. Aug. 29, 2007)

Opinion


In re THOMAS F., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. THOMAS F., Defendant and Appellant. A115983 California Court of Appeal, First District, Third Division August 29, 2007

NOT TO BE PUBLISHED

Napa County Super. Ct. No. JV13280

Siggins, J.

Thomas F. appeals from the dispositional order of the juvenile court, and challenges two conditions of probation. He argues that the condition vesting the probation department with discretion to place him in juvenile hall was unauthorized by statute, and violated his due process rights. He also contends the court abused its discretion by imposing gang-related probation conditions in his case.

The challenged order was entered at a November 2006 dispositional hearing, and timely appealed. In April 2007, appellant turned 18 years old. In an order filed August 20, 2007, on a petition for modification by the probation officer, the juvenile court dismissed wardship and all proceedings involving appellant because he was convicted and sentenced to three years in state prison on separate charges in July 2007.

The Attorney General filed a motion to dismiss this appeal as moot, “[s]ince appellant’s juvenile wardship has been dismissed in light of his adult conviction and commitment to state prison, and he is no longer subject to the juvenile court’s probation conditions.” Appellant’s counsel has informed the court that he does not intend to file opposition to the motion to dismiss. Because the appeal challenges only conditions of probation under an order of wardship that has been dismissed by the juvenile court, we dismiss this appeal as moot.

DISPOSITION

The appeal is dismissed.

We concur: McGuiness, P.J., Horner, J.

Judge of the Alameda County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.


Summaries of

In re Thomas F.

California Court of Appeals, First District, Third Division
Aug 29, 2007
No. A115983 (Cal. Ct. App. Aug. 29, 2007)
Case details for

In re Thomas F.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. THOMAS F., Defendant and…

Court:California Court of Appeals, First District, Third Division

Date published: Aug 29, 2007

Citations

No. A115983 (Cal. Ct. App. Aug. 29, 2007)