In re Thomas F.
Filed 8/29/07 In re Thomas F. CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE
In re THOMAS F., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. THOMAS F., Defendant and Appellant. | A115983 (Napa County Super. Ct. No. JV13280) |
Thomas F. appeals from the dispositional order of the juvenile court, and challenges two conditions of probation. He argues that the condition vesting the probation department with discretion to place him in juvenile hall was unauthorized by statute, and violated his due process rights. He also contends the court abused its discretion by imposing gang-related probation conditions in his case.
The challenged order was entered at a November 2006 dispositional hearing, and timely appealed. In April 2007, appellant turned 18 years old. In an order filed August 20, 2007, on a petition for modification by the probation officer, the juvenile court dismissed wardship and all proceedings involving appellant because he was convicted and sentenced to three years in state prison on separate charges in July 2007.
The Attorney General filed a motion to dismiss this appeal as moot, [s]ince appellants juvenile wardship has been dismissed in light of his adult conviction and commitment to state prison, and he is no longer subject to the juvenile courts probation conditions. Appellants counsel has informed the court that he does not intend to file opposition to the motion to dismiss. Because the appeal challenges only conditions of probation under an order of wardship that has been dismissed by the juvenile court, we dismiss this appeal as moot.
DISPOSITION
The appeal is dismissed.
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Siggins, J.
We concur:
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McGuiness, P.J.
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Horner, J.*
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* Judge of the Alameda County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
