In re Patrick B.
Filed 7/20/06 In re Patrick B. CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION FOUR
| In re PATRICK B., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. PATRICK B., Defendant and Appellant. | A113224 (Contra Costa County Super. Ct. No. J05-00879) |
The minor Patrick B. admitted as true a Welfare and Institutions Code section 602[1] petition alleging that he committed battery, a misdemeanor. (Pen. Code, §§ 242, 243, subd. (a).) The juvenile court ordered drug and alcohol testing as a condition of probation. The minor appeals this order contending that this condition is unwarranted, unreasonable, and unconstitutional. We affirm the juvenile court.
FACTS AND PROCEDURAL HISTORY[2]
On May 6, 2005, Greg Mosley was standing on the corner of Olivera Road and Port Chicago Highway. He heard the squeal of tires and saw a car approaching. As the car drove by, Mosley saw the passenger in the car stick a gun barrel out of the window and heard three shots fired. Mosley was struck in his left arm and dove behind some bushes for cover. He initially thought he was shot by a bullet, but after observing green paint on his arm, he realized he was shot by a paintball gun. As a result of diving for cover, Mosley reinjured his right shoulder, on which he had had surgery four years earlier.[3] After realizing that he was shot by a paintball, Mosley got up and followed the car. He found it parked at a residence.
An officer was dispatched to the residence. The officer located the minor and Andrew R. at the residence, but both of them fled out a rear window and climbed over a wall. The officer observed a paintball gun on a sofa in the residence. The minor and Andrew eventually returned to the residence and were questioned by the officer. The minor stated that he had purchased the paintball gun at school, and Andrew was driving him home. He said that when they got to the intersection of Olivera and Port Chicago, he fired the gun out the window.
A section 602 petition was filed, alleging that the minor committed misdemeanor battery. (Pen. Code, §§ 242, 243, subd. (a).) On December 2, 2005, he admitted the allegation in the petition. At the dispositional hearing, the court placed him on probation and imposed various conditions, including that he not use or possess drugs or alcohol, and that he submit to drug and alcohol testing. The court allowed the minor to remain in his parents' home. The minor made a timely objection to the condition that he be tested for drugs and alcohol; he subsequently filed this timely appeal.
DISCUSSION
The minor contends that the juvenile court's drug and alcohol testing condition is unwarranted, unreasonable, and unconstitutional. He asks us to strike this term as a condition of probation. If a minor is found to be a person described in section 602 and the court does not remove the minor from the physical custody of his parents, then the court may require the minor to submit to urine testing for the purpose of determining the presence of alcohol or drugs. (§ 729.3.) â€
