Opinion
F081475
06-07-2021
In re K.F., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. K.F., Defendant and Appellant.
Andrea L. McCann, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Timothy L. O'Hair, Deputy Attorneys General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Tulare County No. JJD072874 John P. Bianco, Judge.
Andrea L. McCann, under appointment by the Court of Appeal, for Defendant and Appellant.
Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Timothy L. O'Hair, Deputy Attorneys General, for Plaintiff and Respondent.
OPINION
THE COURT [*]
1
Minor, K.F., appeals from a disposition order adjudging him a ward of the juvenile court and placing him on probation. On appeal, he argues that the firearm restriction condition of probation should be stricken because the juvenile court did not impose that condition. The People agree. We strike the firearm restriction condition, direct the juvenile court to prepare an amended disposition order and terms and conditions of probation form, forward the amended documents to the appropriate entities, and notify the Department of Justice that the minor is not subject to the provisions of Penal Code section 29820, subdivision (b). As modified, we affirm.
All further statutory references are to the Penal Code unless otherwise stated.
PROCEDURAL SUMMARY
On February 28, 2020, the San Francisco County District Attorney filed an amended wardship petition (Welf. & Inst. Code, § 602, subd. (a)), alleging minor committed first degree robbery (§ 211; count 1) and grand theft (§ 487, subd. (c); count 2).
All further dates refer to the year 2020.
On the same date, minor admitted count 2 in exchange for dismissal of count 1. Also, on the same date, the matter was transferred to the jurisdiction of the Tulare County Juvenile Court.
On June 19, the Tulare County Juvenile Court declared minor a ward of the court and placed him on probation.
On July 20, minor filed a notice of appeal. 2
FACTUAL SUMMARY
On January 5, minor took a cell phone from a fellow passenger on a city bus.
DISCUSSION
The parties agree, as do we, that the juvenile court did not impose a firearm restriction as a condition of probation and therefore the written disposition order and attached Judicial Council form JV-624 terms and conditions of probation (form JV-624) must be corrected. Indeed, the juvenile court expressly found that it would not impose a firearm restriction condition.
The written disposition order and attached terms and conditions of probation show the firearm condition box checked and apparently stricken through. Although it is not clear to us that the firearm restriction condition is intended to be checked in the written disposition order, in an abundance of caution, we proceed as though it is checked.
When a discrepancy exists between a trial court's oral pronouncement of judgment and the minute order, the oral pronouncement controls. (People v. Mitchell (2001) 26 Cal.4th 181, 185.) We may correct a clerical error in recording the judgment at any time. (Ibid.; People v. Torres (2020) 44 Cal.App.5th 1081, 1085.) Therefore, we strike the firearm condition contained in form JV-624 attached to the juvenile court's disposition order. We direct the juvenile court to issue an amended disposition order and form JV 624 that correctly reflects that no firearm restriction condition was imposed.
DISPOSITION
The firearm restriction condition of probation (box 36 of form JV-624) is stricken. The juvenile court is directed to prepare an amended disposition order and form JV-624, reflecting that no firearm restriction condition was imposed. The juvenile court is further directed to forward a copy of the disposition order and form JV-624 to the relevant entities and to notify the Department of Justice to correct its records to reflect that minor is not subject to the provisions of section 29820, subdivision (b). As modified, the order is affirmed. [*] Before Hill, P.J., Poochigian, J. and Snauffer, J.