In re Joaquin H.

Filed 1/10/07  In re Joaquin H. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

                      APPEAL from the Superior Court of Riverside County.  Robert J. McIntyre and Elva R. Soper,^*  Judges.  Affirmed.

                      Dabney B. Finch, under appointment by the Court of Appeal, for Defendant and Appellant.

                      Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Scott C. Taylor, Supervising Deputy Attorney General, and Ronald A. Jakob, Deputy Attorney General, for Plaintiff and Respondent.

                      The juvenile court made a true finding that 17-year-old Joaquin H. (defendant) assaulted two young men with a metal pipe, causing them great bodily injury.  In this appeal, defendant challenges the two probation terms that he not possess or smoke tobacco and that he not change his residence without the advance approval of his probation officer.  As discussed below, we affirm the judgment of the juvenile court.

Facts and Procedure

                      On May 15, 2005, the two victims joined a crowd gathered near defendant's home to watch defendant fight another young man.  Before any fight happened, the victims walked toward their car to leave because they heard that police were on their way.  Defendant hit one of the victims on the head with a metal pipe, causing the victim to spend a week in the hospital with the prediction that he would have headaches for the rest of his life.  When the other victim ran to help the first victim, defendant hit him in the face with the pipe, breaking his left cheekbone, nose, jaw, and eye socket, and impairing the vision in his left eye.

                      On August 2, 2005, the juvenile court found true allegations that defendant committed assault with a deadly weapon on each of the two victims (Pen. Code, § 245, subd. (a))^[1]  and that he personally inflicted great bodily injury in the commission of each of those offenses (§§ 12022.7, subd. (a) & 1192.7, subd. (c)(8)).  On February 2, 2006, the juvenile court placed defendant on probation and placed him at Twin Pines Ranch, a county-run youth camp.  Defendant turned 18 on February 20, 2006.  The tentative release date was December 6, 2006.

Discussion

                      1.  Waiver

                      The People contend that defendant waived his right to challenge the tobacco and residency probation conditions^[2]  on appeal because he did not object to them at or before the hearing at which the juvenile court imposed them.  Defendant argues that he did not waive these issues because they present â€