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In re A. G.

February 4, 2010

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



APPEAL from a judgment of the Superior Court of San Diego County, Laura H. Parsky, Judge. Affirmed in part and reversed in part. (Super. Ct. No. |J220062).

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

CERTIFIED FOR PUBLICATION

The People alleged in an amended petition that A. G., a minor, came w ithin the juvenile court jurisdiction under Welfare and Institutions Code*fn1 section 602 because she violated Vehicle Code sections 23136, subdivision (a), and 22349, subdivision (a), and San Diego Municipal Code section 58.0102. The court sustained the allegations of the Vehicle Code section 22349, subdivision (a), violation and the San Diego Municipal Code section 58.0102 violation, and found A. G. was a person described in sections 601 and 602. At the dispositional hearing, the court placed A. G. on six months' probation.

A. G. challenges the true finding that she violated the curfew ordinance embodied in San Diego Municipal Code section 58.0101 et seq. (the San Diego curfew ordinance). She asserts the ordinance contains an implied requirement that to violate it she must have previously been given a curfew violation warning citation, and there was no evidence she had previously been given a warning citation. She also asserts the San Diego curfew ordinance violates the equal protection clauses of the United States and California Constitutions.

I. FACTUAL AND PROCEDURAL HISTORY

A. The Offenses

On May 28, 2008, at approximately 1:00 a.m., Officer Rodriguez of the California Highway Patrol stopped a speeding vehicle on Interstate 8. A. G. was driving and was the sole occupant of the vehicle. Rodriguez asked A. G. why she was speeding, and A. G. responded that she was trying to arrive home before her parents. Rodriguez also noticed signs A. G. had been consuming alcohol and administered two field sobriety tests. Although he concluded A. G. had been drinking alcohol, and the amended petition included the allegation that A. G. had violated Vehicle Code section 23136, subdivision (a), that allegation was dismissed at trial.

B. The Hearings

Defense counsel objected to the amended petition to the extent it added the alleged San Diego curfew violation. Defense counsel argued that the "[section] 625.5[, subdivision] (d) process has [not] been followed," and that a true finding for violating curfew based merely on her "passing through a town" would deny A. G. her rights under both the federal and state Constitutions. The court noted A. G.'s objections but proceeded with trial. After hearing the evidence and further argument, the trial court entered true findings that A. G. violated the San Diego curfew ordinance and Vehicle Code section 22349, subdivision (a), and found she was a person described in sections 601 and 602.

II. THE SAN DIEGO CURFEW ORDINANCE

The San Diego curfew ordinance provides it is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of San Diego between the hours of 10:00 p.m. any evening of the week, until 6:00 a.m. the following day. (San Diego Mun. Code, §§ 58.0101, 58.0102, subd. (a).) However, San Diego Municipal Code section 58.0102, subdivision (c), also provides that it is a defense to prosecution under that ordinance when the minor is:

"(1) accompanied by the minor's parent or guardian, or by a responsible adult;

"(2) on an errand at the direction of the minor's parent or guardian, or the responsible adult, without any detour or stop;

"(3) in a motor vehicle involved in interstate travel;

"(4) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

"(5) involved in an emergency;

"(6) on the sidewalk abutting the ...


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