Opinion
A149816
05-04-2017
THE PEOPLE, Plaintiff and Respondent, v. T.L., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Napa County Super. Ct. No. JV18014)
Appellant T.L. "hacked" into his high school's computer system, reportedly causing more than $100,000 worth of damage. He was declared a ward of the juvenile court and placed on probation after he admitted an allegation that he had knowingly disrupted a computer network in violation of Penal Code section 502, subdivision (c)(5). (Welf & Inst. Code, § 602.)
Further statutory references are to the Welfare and Institutions Code. --------
The terms of appellant's probation initially required him to disclose to his probation officer all electronic email accounts, internet accounts, and any other means of accessing a computer or computer network. It also required him to consent to a warrantless search of all electronic accounts, computer systems and the data contained therein.
Several months after the dispositional hearing at which probation was granted, the probation officer sought a modification of the order to add a standard electronics search condition requiring appellant to "submit all electronic devices under [his] control to search and seizure by any law enforcement or probation officer at any time of the day or night with or without a search warrant, arrest warrant, or reasonable suspicion. The minor shall also disclose any and all passwords, passcodes, password patterns, fingerprints, or other information required to gain access into any electronic device as requested by any law enforcement or probation officer. . . ."
Appellant objected to the modification on the ground that juvenile probation conditions can only be modified when there has been a change of circumstances. The probation department acknowledged there had been no change in circumstances, and its failure to recommend the proposed condition at the time of disposition had been an "inadvertent omission." The trial court offered to set the matter for a hearing, but appellant's trial counsel declined, stating he did not believe a hearing was necessary. The juvenile court ordered the probation order modified to include the proposed condition, finding that although there had been no change in circumstances, the modification was in appellant's best interests. It noted that the condition as modified was "simply more detailed and somewhat more complicated" than the original search condition, but it provided a better means for the probation department to acquire access to appellant's electronic devices.
Appellant appeals from the modification order. His court-appointed appellate counsel has filed a brief raising no issues, but seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). As required by People v. Kelly (2006) 40 Cal.4th 106, 124, we affirmatively note that appointed counsel has filed a Wende/Anders brief raising no issues, that appellant has been advised of his right to file a supplemental brief, and that appellant did not file such a brief. We have independently reviewed the entire record for potential error and find none.
Appellant did not object to the substance of the modified electronics search condition, and has forfeited on appeal any claim it was unreasonable given the particular facts of his case. (In re Sheena K. (2007) 40 Cal.4th 875, 889.) In any event, because appellant admitted a computer hacking offense, an electronics search condition was reasonable and appropriate. (See In re George F. (2016) 248 Cal.App.4th 734, 739-742, review granted Sept. 14, 2016, S236397; Cal. Rules of Court rule 8.1115 (E)(1).)
As to whether the court was empowered to modify the probation condition without a change of circumstances, section 775 provides that in a delinquency case, "[a]ny order made by the court in the case of any person subject to its jurisdiction may at any time be changed, modified, or set aside, as the judge deems meet and proper, subject to such procedural requirements as are imposed by this article." Section 776 requires notice and a hearing (such as that offered by the juvenile court in this case) before a prior order may be modified. Neither provision makes the modification of a prior juvenile court order contingent on a change in circumstances, and comparable provisions under the juvenile dependency scheme have been interpreted as allowing the trial court to "reconsider the substance of a previous order the court considers to have been erroneously, inadvertently or improvidently granted." (Nickolaus F. v. Superior Court (2006) 144 Cal.App.4th 92, 116 (Nickolaus F.).)
A different result is not required by section 778, which provides, "Any parent or other person having an interest in a child who is a ward of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstances or new evidence, petition the court in the same action in which the child was found to be a ward of the juvenile court for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. . . ." This provision applies only when a party petitions the court for a modification based on new evidence or a change in circumstances, and does not restrict the court's power to reconsider its previous order under section 775. (See Nickolaus F., supra, 144 Cal.App.4th at p. 114.)
We are satisfied that appellant's appointed attorney has fully complied with the responsibilities of appellate counsel and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 283.)
III. DISPOSITION
The judgment is affirmed.
/s/_________
NEEDHAM, J. We concur. /s/_________
SIMONS, ACTING P.J. /s/_________
BRUINIERS, J.