In re C.A. CA6
Opinion
Opinion
I. INTRODUCTION
Carlos A., then 13 years old, admitted breaking the arm of a six-year old boy by pushing him to the ground, a battery involving serious bodily injury (Pen. Code, §§ 242- 243, subd. (d)). The juvenile court determined that Carlos was not suitable for the deferred entry of judgment (DEJ) program, declared him to come within Welfare and Institutions Code section 602,1 and imposed a number of probation conditions, including that he have no contact with the named victim. On appeal, Carlos contends that excluding him from DEJ was an abuse of discretion, the no-contact probation condition must be modified to add a scienter element, and the court erred by failing to state whether
1 Unspecified section references are to the Welfare and Institutions Code. his offense was a felony or misdemeanor. The Attorney General disputes the first two contentions, arguing that the probation condition was effectively clarified by an earlier restraining order, while conceding the matter should be remanded to characterize the offense. We will reverse the dispositional order so that the court may properly characterize the offense and clarify the no contact condition.