In Re James C.
People v. James C.
Opinion
Opinion
Huffman, J.
Although the juvenile court has broad discretion to fashion probation conditions in delinquency cases, here we are presented with a probation condition that impermissibly infringed upon the minor’s constitutional rights of freedom of travel, association and assembly.
The juvenile court declared James C. a ward (Welf. & Inst. Code, § 602) after he entered a negotiated admission to receiving a stolen vehicle (Pen. Code, § 496d). The court placed James on probation and stayed a commitment to Camp Barrett for a period not to exceed 365 days, on the condition that James return to his residence with his grandparents in Tijuana, Mexico and not return to the United States while on probation. James is a citizen of the United States, and his grandparents are his legal guardians.
James appeals, contending the probation condition that he not enter the United States was (1) unreasonable under People v. Lent (1975) 15 Cal.3d 481 [ 124 Cal.Rptr. 905 , 541 P.2d 545 ] (Lent), and (2) unconstitutional. We agree.
FACTS
On May 30, 2007, James, then 17 years old, attempted to drive a stolen vehicle into the United States at the San Ysidro port of entry. Officers at the primary crossing…