In re M.T. CA2/4

INTRODUCTION

Appellant M.T. was charged with second degree robbery as a juvenile under Welfare and Institutions Code section 602.1 The juvenile court found the allegation true, deemed M.T. a ward of the court, and placed him on probation with an order that included a curfew of 8:00 p.m. unless M.T.’s mother “[k]nows where you are and who you are with.” On appeal, M.T. asserts his counsel was ineffective for failing to object to the curfew condition. We find no error and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The People filed a petition under section 602 alleging that M.T., age 17 at the time of the offense, committed attempted second degree robbery, a felony, by attempting to take personal property from A.G. by means of force or fear. (Pen. Code, §§ 211, 664.) The case proceeded to a trial. A.G., age 15, testified that on March 31, 2022 he was at a park near his high school with his friends A.R. and M. Three people, including M.T., began to approach A.G. and his friends; A.G. handed his phone to M. One person (not M.T.) pulled out a knife, and with the blade closed, held the knife to A.G.’s abdomen. He told A.G. to hand over any valuables, and said if A.G. moved, he would…