Filed 12/19/17 In re J.B. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.B., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
J.B.,
Defendant and Appellant.

A150414

(Contra Costa County
Super. Ct. No. J16-00559)


J.B. appeals from an order committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF), challenging only no-contact conditions of probation that were imposed in connection with that order. The Attorney General acknowledges that those conditions must be stricken.
Pursuant to a negotiated plea agreement, J.B. admitted to committing assault with a firearm (Pen. Code, § 245, subd. (a)(2)), enhancements for inflicting great bodily injury (§ 12022.7, subd. (a)) and personal use of a firearm (§ 12022.5, subd. (a)(1)), and grand theft from the person of another (§ 487, subd. (c)). The court committed him to DJF with a maximum term of confinement of eight years, eight months. At the same time the court ordered J.B. to have no contact with the two victims of his offenses and with his two “co-responsibles.” The court also ordered restitution, a restitution fine, and submission of specimens and print impressions pursuant to section 296.1.
As both parties recognize, “the juvenile court loses the authority to impose conditions of probation once it commits a ward to DJF.” (In re Edward C. (2014) 223 Cal.App.4th 813, 829.) “[T]he imposition of probationary conditions constitutes an impermissible attempt by the juvenile court to be a secondary body governing the minor’s rehabilitation.” (In re Allen N. (2000) 84 Cal.App.4th 513, 516.)
Therefore, the conditions ordering J.B. to have no contact with the victims and with the co-responsibles are stricken, and the December 19, 2016 commitment order is affirmed in all other respects.


Pollak, J.


We concur:

McGuiness, P. J.
Siggins, J.