In re Jorge R.

 

 

 

 

 

Filed 1/29/07  In re Jorge R. CA2/2

 

 

 

 

 

NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS

 

California
Rules of Court, rule 977(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 977(b).  This opinion has not been certified for
publication or ordered published for purposes of rule 977.

 

 

IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND
APPELLATE DISTRICT

 

DIVISION
TWO

 

 

In re JORGE R., a Person Coming Under the Juvenile Court Law.	B186347       (Los Angeles County       Super. Ct. No. FJ35823)
THE PEOPLE,               Plaintiff and Respondent,               v.   JORGE R.,               Defendant and Appellant.

           

            APPEAL from an order of the Superior Court of Los Angeles County.  Charles R. Scarlett,
Judge.  Modified, remanded with directions and affirmed.

            Bruce G. Finebaum, under appointment by the
Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief
Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General,
Victoria B. Wilson and Juliet H. Swoboda, Deputy Attorneys General, for
Plaintiff and Respondent.

_________________

            Jorge R., a
minor, appeals from an order that he remain a ward of the court pursuant to
Welfare and Institutions Code section 602[1] by
reason of having committed an assault with
a firearm (Pen. Code, § 245, subd. (a)(2)).  The juvenile court ordered appellant's
physical custody taken from his parents or guardian and that he be committed to
the care and custody of the probation department for the purpose of suitable
placement in the Camp Community Placement
program for a period of nine months.  Appellant contends that (1) the true
finding with regard to the allegation that he committed assault with a firearm
is unsupported by the evidence, (2) the trial court erred in failing to declare
whether the offense was a felony or misdemeanor, requiring remand, and (3) the
probation conditions requiring him to stay away from disapproved persons and
unlawfully armed persons are overbroad and vague, violating his federal
constitutional rights to travel and association.

            We modify the challenged conditions, remand for
the trial court to declare if the offense is a felony or misdemeanor and
otherwise affirm.

FACTUAL AND
PROCEDURAL BACKGROUND

            On July 20, 2005, the district attorney filed a section 602 petition against appellant, alleging one count of assaulting Antuwantlay
Gordon (Gordon) with a firearm.  (Pen. Code, § 245, subd. (a)(2).)  The
petition further alleged that during the commission of the offense, appellant
personally used a firearm within the meaning of Penal Code section 12022.5,
subdivision (a)(1).[2] 
At the adjudication hearing, the
following evidence was introduced.  We review that evidence in accordance with
the usual rules on appeal.  (In re Roderick P. (1972) 7 Cal.3d 801,
809.)

            On or about June 13, 2005, at approximately 7:30 a.m., Gordon was walking with Downell Ray Cooper (Cooper) and Cooper's
sister toward Bret Hart school, at 92nd and Compton, in Los Angeles.  Near 8720
South Figueroa Street, appellant and another male approached them.  Cooper
testified that both males asked Gordon where he was from, which Gordon
understood to mean with what gang was he affiliated.  Gordon responded, â€