In Re Shaun R.

In the published portion of this opinion, we explore the effect of the phrases “all previous Orders of the Court not inconsistent with today’s Orders remain in full force and effect,” “[a]ll prior orders not in conflict remain in effect,” and “[a]ll prior orders not in conflict with today’s orders to remain in full force and effect” in a juvenile court disposition order on the question of the appealability of a previous juvenile court order. We conclude that such language does not revive a previous order that has become final and is nonappealable. It does not turn an otherwise nonappealable order into an appealable order.

Appellant Shaun R., a minor, challenges the imposition of several conditions of probation, five of which are gang related, in two Welfare and Institutions Code section 602 proceedings. After a contested jurisdictional hearing, the court sustained the allegations of the prosecution’s fourth petition *1134 involving the minor and found that the minor had committed the following offenses; attempted auto burglary (Pen. Code, §§ 664, 459, 460, subd. (b), a felony); 1 misdemeanor vandalism (§ 594, subds. (a), (b)(1)); and misdemeanor exhibiting a deadly…

My colleagues conclude that appellant Shaun R. is precluded from challenging the weapons probation condition because he did not appeal from the 2008 dispositional order. They agree with the Attorney General’s claim that the weapons condition is “not properly challenged in this appeal” because Shaun “could have challenged” it in an appeal from the 2008 dispositional order. Although I agree that Shaun is precluded from challenging the 2008 dispositional order itself in this appeal from the 2009 dispositional order, I do not agree that Shaun’s appellate *1146 challenge to the weapons condition is a challenge to the 2008 order rather than to a provision of the 2009 order.

The juvenile court’s 2008 order declaring Shaun to be a ward of the court and returning him to his parents’ custody included a number of probation conditions, among them the weapons condition. In 2009, the juvenile court issued an order continuing Shaun’s wardship and removing him from his parents’ custody. The 2009 order, which included a number of probation conditions but no weapons condition, also provided that “All prior orders not in conflict remain in effect.” 1 In Shaun’s timely appeal from the 2009 order, he…

McADAMS, J.—

In the published portion of this opinion, we explore the effect of the phrases "all previous Orders of the Court not inconsistent with today's Orders remain in full force and effect," "[a]ll prior orders not in conflict remain in effect," and "[a]ll prior orders not in conflict with today's orders to remain in full force and effect" in a juvenile court disposition order on the question of the appealability of a previous juvenile court order. We conclude that such language does not revive a previous order that has become final and is nonappealable. It does not turn an otherwise nonappealable order into an appealable order.

Appellant Shaun R., a minor, challenges the imposition of several conditions of probation, five of which are gang related, in two Welfare and Institutions Code section 602 proceedings. After a contested jurisdictional hearing, the court sustained the allegations of the prosecution's fourth petition involving the minor and found that the minor had committed the following offenses: attempted auto burglary (Pen. Code, §§ 664, 459, 460, subd. (b), a felony); [1] misdemeanor vandalism (§ 594, subds. (a), (b)(1)); and misdemeanor exhibiting a deadly…