Opinion
E052795 Super.Ct.No. INJ021498
08-17-2011
In re N.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. N.C., Defendant and Appellant.
Sheila O'Connor, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Elizabeth A. Hartwig, Deputy Attorneys General, for Plaintiff and 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
APPEAL from the Superior Court of Riverside County. Samuel Diaz, Jr., and Charles Everett Stafford, Jr., Judges. Affirmed as modified.
Sheila O'Connor, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Elizabeth A. Hartwig, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant and appellant N.C. (minor) admitted to the juvenile court that she had maliciously damaged property (Pen. Code, § 594, subd. (b)) and was placed on probation. One of the terms of her probation is: "Not have direct or indirect contact with any non relative on probation or parole unless approved by Probation Officer." She contends, and the People agree, that the condition is unconstitutionally lacking a knowledge requirement. We modify the term to impose a knowledge requirement and affirm.
DISCUSSION
"A probation condition that imposes limitations on a person's constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad." (In re Sheena K. (2007) 40 Cal.4th 875, 890.) Requiring minor to refrain from associating infringes on her constitutional right of freedom of association. (U.S. Const., 1st Amend.; see also People v. Garcia (1993) 19 Cal.App.4th 97, 102.) Consequently, conditions must be narrowly tailored. The state interest for which the conditions must be narrowly tailored is minor's rehabilitation. (People v. Hackler (1993) 13 Cal.App.4th 1049, 1058.)
The state's interest in rehabilitation would not be served by punishing minor for associating with people who, unknown to her, are on probation or parole. Accordingly, the condition should be modified.
DISPOSITION
The condition restricting minor's contact with persons on probation or parole is modified to read: "Not have direct or indirect contact with any nonrelative whom she knows to be on probation or parole, unless approved by Probation Officer." In all other respects, the judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur: HOLLENHORST
J.
RICHLI
J.