In re Christine C. CA4

Good Law
Court of Appeal of CaliforniaSeptember 3, 2013F065466California4,823 words

Opinion

Opinion

INTRODUCTION

A juvenile wardship petition (Welf. & Inst. Code,1 § 602, subd. (a)) was filed in the Superior Court of Madera County alleging appellant Christine C., who was 17 years old, committed count I, felony assault with a deadly weapon, a knife, upon S.A., during an altercation at a party (Pen. Code, § 245, subd. (a)(1)). After a contested jurisdictional hearing, the court found the allegation true. Appellant was declared a ward of the court, ordered to serve time in custody, and placed on probation under various terms and conditions. On appeal, appellant contends the prosecutor failed to comply with his statutory duties of notice and determination of her eligibility for the Deferred Entry of Judgment (DEJ) program. Appellant also contends that one of the terms of probation is unconstitutionally overbroad. We will modify the probation condition and otherwise affirm.

FACTS

On the evening of January 16, 2012, about 25 to 30 young people responded to a Facebook post and attended a party for S.A. at Bass Lake. They sat around a campfire and drank beer and hard liquor. The guests included M.W. and his friend, appellant, who arrived together in M.W.‟s truck. S.A., who was 20…

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