Opinion
G048389
2013-10-17
In re ABEL G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. ABEL G., Defendant and Appellant.
Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. DL042513)
OPINION
Appeal from a judgment of the Superior Court of Orange County, Gregory W. Jones Judge. Affirmed.
Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Respondent.
FACTS
We appointed counsel to represent minor Abel G., born in 1999, on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on minor's behalf. (People v. Wende (1979) 25 Cal.3d 436.) Minor was given 30 days to file written argument in his own behalf. That period has passed, and we have received no communication from minor.
The district attorney filed a petition on May 8, 2012 alleging minor committed vandalism and possessed graffiti tools. Another petition was filed on June 6, 2012 alleging minor possessed a folding knife at school. After minor failed to appear for a May 21, 2012 hearing and a June 18, 2012 hearing, the court issued a bench warrant.
On October 19, 2012, minor admitted the offenses alleged in both petitions. He initialed and signed the guilty plea form. Additionally, minor orally admitted to the juvenile court he committed the crimes alleged in both petitions.
The juvenile court found minor "comes under Sec. 602 W&I Code," and declared minor "a non-ward of the Orange County Juvenile Court under Section 725 of the W&I Code." (All statutory references are to the Welfare and Institutions Code.) Part of the agreement reached between minor and the prosecutor is handwritten on a disposition agreement signed by minor and the lawyers for both sides: "If in 6 months, there are no new, pending, or sustained law or probation violations, the court may allow minor to withdraw his admissions."
On December 3, 2012, minor refused to submit to a drug test. On January 3, 2013, minor failed to keep an appointment with the coordinator of an addiction program. On January 29, 2013, the minor informed the probation officer his drug test results would be positive for marijuana. On March 26, minor brought a marijuana pipe and lighter to school, and was suspended from school. He failed to appear for his probation appointment on April 1, and did not complete his addiction program. Minor tested positive for marijuana on November 14, January 29, February 25 and March 12.
The juvenile court denied minor's motion to withdraw his plea on April 19, 2013. Probation was terminated and a disposition hearing was set. On May 3, the court ordered minor a ward of the juvenile court pursuant to section 602. The court ordered minor placed on probation, and the minute order states: "All prior terms and conditions of 725 WIC probation imposed on 10-19-12 to remain in full force and effect."
The May 3, 2013 minute order states: "Minor not to knowingly possess any item that indicates gang membership or affiliation, do not knowingly wear any clothing, jewelry, insignia which indicates gang membership or affiliation." Minor appealed from the court's May 3 order.
II
DISCUSSION
Pursuant to Anders v. California (1967) 386 U.S. 738, counsel informed this court of a few potential issues in order to assist this court in its independent review. The three potential issues are: 1) May the juvenile court add new terms and conditions of probation without a new petition when nonward probation under section 725 is terminated and a minor is declared a ward of the court under section 602? 2) Did the court violate minor's due process rights by accepting an admission from minor's counsel, but not minor himself? 3) In ordering minor not to wear gang clothing absent a knowledge requirement, did the juvenile court err?
"If the court has found that the minor is a person described by Section 601 or 602, by reason of the commission of an offense . . . it may, without adjudging the minor a ward of the court, place the minor on probation, under the supervision of the probation officer, for a period not to exceed six months. . . . If the minor fails to comply with the conditions of probation imposed, the court may order and adjudge the minor to be a ward of the court." (§ 725, subd. (a).) Here, when minor did not comply with informal probation, the court exercised its statutory authority to declare minor a ward of the court.
Under section 730, 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." (§ 730, subd. (b).) The juvenile court has broad discretion to order probation conditions. (John L. v. Superior Court (2004) 33 Cal.4th 158, 183.) A probation condition must give a probationer fair notice as to what is permitted. (In re Sheena K. (2007) 40 Cal.4th 875, 891.) Here the court's minute order specifically orders minor not to associate with those he knows to be gang members and not to wear clothing or jewelry he knows to be indications of gang affiliation.
We have examined the record and found no other arguable issues. (People v. Wende, supra, 25 Cal.3d 436.) We find no error.
The judgment is affirmed.
MOORE, J. WE CONCUR: RYLAARSDAM, ACTING P. J. ARONSON, J.