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In re Walter P.

January 15, 2009

IN RE WALTER P., A PERSON COMING UNDER THE JUVENILE COURT LAW.
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
WALTER P., DEFENDANT AND APPELLANT.



Appeal from the judgment of the Superior Court of Sacramento County, Richard H. Gilmour, Judge. Affirmed. (Super. Ct. No. JV115709).

The opinion of the court was delivered by: Davis, J.

on rehearing

CERTIFIED FOR PUBLICATION

OPINION ON REHEARING

The juvenile court found that Walter P., then 17 years old, violated Health and Safety Code section 11357, subdivision (b), which provides as pertinent: "(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100)."

The juvenile court placed Walter on probation for six months. Over Walter's objection, the court imposed a number of special conditions of probation, including requirements that Walter be detained on home supervision for 45 days and that he complete eight days in the Juvenile Work Project program.

On appeal, Walter contends the home supervision and the work project probation conditions are invalid because the maximum penalty for the underlying offense is a $100 fine. We conclude that these are valid conditions of juvenile probation and shall affirm.

DISCUSSION

I. Applicable Legal Principles and Standard of Review

In considering the validity of the two challenged probation conditions, it is first helpful to consider the purpose of the juvenile court system and how an appellate court reviews juvenile probation conditions.

The purpose of the juvenile court is to protect both the minor under its jurisdiction and the public, and to preserve and strengthen the minor's family ties whenever possible. (Welf. & Inst. Code, § 202, subd. (a);*fn1 In re Wayne J. (1979) 97 Cal.App.3d 776, 780 (Wayne J.).) Central to the juvenile court's mission are the care, treatment, guidance, and rehabilitation of the delinquent juvenile. (§ 202, subd. (b).)

When the juvenile court finds that a minor has committed a statutorily identified offense such as the one here, the court may place the minor on probation for up to six months without adjudging the minor a ward of the court. (§ 725, subd. (a).)

Pursuant to section 725, subdivision (a), the juvenile court must impose upon the minor the conditions specified in section 729.2, unless the court finds on the record that any of those conditions would be inappropriate. Those conditions:

(a) require the minor to attend a school program approved by the probation officer without absence; (b) require the minor's parents or guardian to participate with the minor in a counseling or education program; and (c) require the minor to be at his or her legal residence between the hours of 10:00 ...


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