Opinion
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Los Angeles County No. JJ14440. Robert Ambrose, Juvenile Court Referee.
Deborah Blanchard, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez and John Yang, Deputy Attorneys General, for Plaintiff and Respondent.
ARMSTRONG, P. J.
The juvenile court sustained a petition alleging that appellant Giovanny O. was a minor in possession of a firearm in violation of Penal Code section 12101, subdivision (a)(1). The court found that appellant was a person described by Welfare and Institutions Code section 602, adjudged him to be a ward of the court, and placed him on home probation for a period not to exceed one year.
Appellant appeals from the orders sustaining the petition and adjudging him to be a ward of the court, contending that the minute order should be corrected to reflect the knowledge requirements contained in the court's oral pronouncements of probation. We agree, and so order, as set forth in detail in our disposition. We affirm the juvenile court's orders in all other respects.
Facts
The facts of appellant's offense are not relevant to this appeal and so are omitted.
Discussion
Appellant contends that the minute order giving the conditions of his probation should be modified to add a knowledge requirement to probation condition 15. Respondent agrees. We agree as well.
On the minute order giving the conditions of probation, standard condition 15 is checked without any modification. That condition says: "Do not associate with anyone disapproved of by parents [or] Probation Officer."
When the court orally told appellant the conditions of his probation, the court stated: "Do not associate with anyone – if your mom says no, you can't go with that guy, listen to your mom." The court added: "And do not associate with anyone that probation says no to." Thus, the trial court's oral pronouncement of probation conditions contained a knowledge requirement which is not reflected in the minute order. The minute order should be corrected. (See People v. Mesa (1975) 14 Cal.3d 466, 471; People v. Mitchell (2001) 26 Cal.4th 181, 185.)
Further, the California Supreme Court has held that a probation condition ordering a probationer not to associate with "anyone disapproved of by probation" is unconstitutionally vague and should be modified to require that the probationer have knowledge that the probation officer disapproved of a particular associate. (In re Sheena K. (2007) 40 Cal.4th 875, 878-879.)
Disposition
The clerk of the juvenile court is directed to prepare an amended minute order correcting condition 15 to read "Do not associate with anyone known to you to be disapproved of by your parents or Probation Officer." The clerk is directed to deliver an amended copy to all affected persons. The juvenile court's orders are affirmed in all other respects.
We concur: MOSK, J., KRIEGLER, J.