In Re Ag
Opinion
Opinion
McDONALD, J.
The People alleged in an amended petition that A.G., a minor, came within the juvenile court jurisdiction under Welfare and Institutions Code [1] section 602 because she violated Vehicle Code sections 23136, subdivision (a), and 22349, subdivision (a), and San Diego Municipal Code section 58.0102. The court sustained the allegations of the Vehicle Code section 22349, subdivision (a) violation, and the San Diego Municipal Code section 58.0102 violation, and found A.G. was a person described in Welfare and Institutions Code sections 601 and 602. At the dispositional hearing, the court placed A.G. on six months' probation.
A.G. challenges the true finding that she violated the curfew ordinance embodied in San Diego Municipal Code section 58.0101 et seq. (the San Diego curfew ordinance). She asserts the ordinance contains an implied requirement that to violate it she must have previously been given a curfew violation warning citation, and there was no evidence she had previously been given a warning citation. She also asserts the San Diego curfew ordinance violates the equal protection clauses of the United States and California Constitutions.