In re A.S.

Filed 6/26/06 In re A.S. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge.

William I. Parks, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez and Mathew Chan, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

Appellant A.S. was found to have attempted to commit a lewd and lascivious act on one girl, and to have committed a lewd and lascivious act on another girl. On appeal, he contends (1) there was insufficient evidence that he had knowledge of the wrongfulness of his conduct; (2) the juvenile court erred by determining the girls were competent to testify; (3) the juvenile court erred by permitting the introduction of an out-of-court statement by one of the girls; and (4) one of the probation conditions was unconstitutionally overbroad. We modify the probation condition and affirm the juvenile court's orders as modified.

FACTUAL AND PROCEDURAL SUMMARY

A., an eighth grader in middle school, was about 13 years nine months old when the offenses occurred. His cousin J. was about four years old, and his cousin H. was about seven years old. A.'s father and the girls' father are brothers.

Sometime around April 2005, A. and H. were playing in H.'s bedroom. A. told H. they were going to play hide and seek. He told her they were hiding, â€