In re Juan O. CA4/1

INTRODUCTION

Juan O. admitted willfully and unlawfully resisting, delaying and obstructing a

public officer during the discharge of the officer's duty. (Pen. Code, § 148, subd. (a)(1).)

The juvenile court made Juan a ward of the court and placed him on formal probation in

the Short Term Offender Program for up to 90 days. The conditions of Juan's probation

included a provision stating, "The minor is not to use force, threats, or violence on

another person."

Juan appeals, contending we must reverse the judgment because the court failed to

inform him of his constitutional rights before accepting his admission. He further

contends we must modify the use of force probation condition because it

unconstitutionally precludes him from using force in lawful self-defense.

The People concede the latter point and we order the court to modify the probation

condition to state, "The minor is not to use force, threats, or violence on another person

except in lawful self-defense." In all other respects, we affirm the judgment.

BACKGROUND1

A police officer responded to a call reporting juveniles smoking marijuana. When

the officer arrived, the officer saw Juan and another…