In re Curtis S.

The district attorney filed a petition in the juvenile court accusing Curtis S. (Minor) of petty theft (Pen. Code, § 484; count 1) and assault (§ 240; count 2). (Welf. & Inst. Code, § 602.) It was further alleged the Minor disturbed another person by loud and unreasonable noise (§ 415, subd. (2); count 3) and used offensive words in a public place (§ 415, subd. (3); count 4).

Following a contested jurisdictional hearing, the court found the allegations as to counts 1 through 3 to be true and dismissed count 4. The Minor was declared a ward of the juvenile court and placed on probation.

The Minor appeals, contending for the first time on appeal there is insufficient evidence on count 3 that his speech created a clear and present danger of immediate violence, and thus the true finding on the count of disturbing another person with noise must be reversed for violation of his First Amendment rights. As to count 3, we find no such constitutional violation and the evidence supports the true findings. No arguments are made on appeal to challenge the true findings on counts 1 and 2, so we do not address those counts here. Accordingly, we affirm the judgment of the juvenile…