In re Joshua A.
Filed 8/17/06 In re Joshua A. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| In re JOSHUA H., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. JOSHUA H., Defendant and Appellant. | E039737 (Super.Ct.No. J203533 & RIJ109007) OPINION |
APPEAL from the Superior Court of San Bernardino County. Ronald M. Christianson, Judge, and Martin H. Swanson, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed with directions.
Thomas Owen, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, and David Delgado-Rucci and Bradley A. Weinreb, Deputy Attorneys General, for Plaintiff and Respondent.
INTRODUCTION
Appellant challenges four terms of his probation, arguing that each is constitutionally overbroad and vague.
FACTS AND PROCEDURAL HISTORY[1]
On December 6, 2005, the San Bernardino County District Attorney filed a Welfare and Institutions Code section 602 petition subsequent (the petition) against appellant Joshua H. (appellant), born in October 1990. The latest petition was appellant's third in 13 months. The petition alleged that he committed two felonies on December 4, 2005: assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))[2] and vandalism resulting in over $400 in damages (§ 594, subd. (b)(1)). The allegations arose out of an incident in which appellant, in the company of his brother and a friend, shot a BB gun at a passing motorist. Pellets from the gun broke an electric rear window on the victim's car and put holes throughout the interior of the vehicle. The driver and his wife, who was riding in the front passenger seat, feared for their lives.
At the time of the shooting, appellant had been on probation for second degree burglary (§ 459) since February 28, 2005, under a deferred entry of judgment order from
Riverside Superior Court. Jurisdiction was transferred to San Bernardino Superior Court on September 14, 2005. At the transfer-in hearing, the San Bernardino court continued probation, pursuant to an agreement containing 22 terms; several of these were in addition to terms originally imposed by the Riverside court. Additional terms included that appellant â€
