People v. Justin S.

Juvenile offender challenges two conditions of probation. Conceding that he made no objection to them in the juvenile court, he contends that the issue is not waived, invoking our opinion in In re Tanya B. (1996) 43 Cal.App.4th 1 [ 50 Cal.Rptr.2d 576 ]. We reexamine and overrule Tanya B., but nevertheless conclude that there has been no waiver under the circumstances of this case.

Background

Justin S. appeals from orders declaring him a ward of the juvenile court after the court sustained a petition pursuant to Welfare and Institutions Code *813 section 602, alleging that he had committed second degree robbery in violation of Penal Code section 211, by kicking and beating another boy with the help of a companion, who took money from the boy. At disposition, the juvenile court placed appellant on probation, and, among other conditions, including house arrest, ordered appellant not to “engage in any delinquent behavior,” or to “associate with any gang members and anyone disapproved of by parent(s)/P.O.” The juvenile court invited comment, but appellant’s counsel objected only to the imposition of house arrest.

Discussion

Appellant challenges the conditions of probation…