In re William A.
Filed 5/18/06 In re William A. CA2/3
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
In re WILLIAM A., a Person Coming Under the Juvenile Court Law. _____________________________________ THE PEOPLE, Plaintiff and Respondent, v. WILLIAM A., Defendant and Appellant. | B184586 (Los Angeles County Super. Ct. No. PJ36274) |
APPEAL from an order of wardship of the Superior Court of Los Angeles County, Robert Totten, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Modified and, as modified, affirmed.
Nicole Williams, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Ana R. Duarte and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.
_________________________
William A., a minor, appeals following an order of wardship (Welf. & Inst. Code, § 602) entered after a determination that, as alleged in a petition, he committed attempted second degree robbery (Pen. Code, §§ 664, 211) and, as alleged in another petition, he committed count 1- attempted second degree robbery (Pen. Code, §§ 664, 211) with personal use of a knife (Pen. Code, § 12022, subd. (b)(1)), count 2 – weapons on school grounds (Pen. Code, § 626.10, subd. (a)), and count 3 – battery on school, park, or hospital property (Pen. Code, § 243.2, subd. (a)). The court ordered him placed in camp for a maximum period of confinement of five years four months.
In this case, we conclude that each of probation condition numbers 15, 16, and 21, must be modified to reflect a knowledge requirement. We also conclude appellant is entitled to 37 days of predisposition credit.
FACTUAL SUMMARY
Viewed in accordance with the usual rules on appeal (In re Dennis B. (1976) 18 Cal.3d 687), the evidence, the sufficiency of which is undisputed, established that (1) on March 24, 2005, appellant committed attempted second degree robbery with personal use of a knife in Los Angeles County, and (2) on June 2, 2005, appellant committed the offenses alleged in the above mentioned counts 1 through 3 in Los Angeles County.
CONTENTIONS
Appellant contends (1) probation condition numbers 15, 16, and 21 are unconstitutionally overbroad because they do not contain a knowledge requirement and (2) he is entitled to additional precommitment credit.
DISCUSSION
1. Modification of Probation Condition Numbers 15, 16, and 21 Is Appropriate.
The record reflects that, at appellant's July 8, 2005 disposition hearing, the court imposed probation condition number 15. The July 8, 2005 dispositional minute order reflects that condition as â€
