Filed 12/19/18 In re Diego R. CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| In re DIEGO R., a Person Coming Under the Juvenile Court Law. |
|
| THE PEOPLE, Plaintiff and Respondent, v. DIEGO R., Defendant and Appellant.
|
A152859
(Alameda County Super. Ct. No. JV02859301)
|
Diego R. appeals from an order placing him on formal probation with various conditions, including the condition that he not be on the campus or grounds of any school unless enrolled, accompanied by a parent or guardian, or with prior permission of school authorities. In his opening brief in this appeal, appellant’s sole contention was that this probation condition must be stricken as unreasonable and unconstitutionally overbroad. In its respondent’s brief, respondent disagreed. In lieu of a reply brief, appellant’s attorney filed and served a letter dated August 8, 2018, advising as follows: “Appellant would like to inform the Court that he is no longer on formal probation. He is thus no longer subject to the probation conditions at issue in this case.”
The record does not disclose, and the parties do not argue, that the issue is one of broad public interest likely to recur, such that we would exercise discretion to entertain the appeal notwithstanding the mootness doctrine. We will dismiss this appeal as moot. (See Giles v. Horn (2002) 100 Cal.App.4th 206, 227.)
DISPOSITION
The appeal is dismissed as moot.
NEEDHAM, J.
We concur.
JONES, P.J.
BRUINIERS, J.[1]
(A152859)
[1] Retired Associate Justice of the Court of Appeal, First Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution
