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In Re J.R., A Person Coming Under the Juvenile Court Law. v. J.R

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin)


April 28, 2011

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

(Super. Ct. No. 66226)

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

In re J.R.

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following his admission of assault with intent to commit rape (Pen. Code, § 220, subd. (a); undesignated statutory references are to this code) and a gang enhancement (§ 186.22, subd. (b)), the minor was committed to the California Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF).

The minor appeals, claiming the juvenile court erred by imposing various conditions when it committed him to DJF. The People concede this was error, and we agree. Accordingly, we strike the conditions.

FACTUAL AND PROCEDURAL BACKGROUND

In January 2010, the minor admitted committing an assault with the intent to commit rape and that the crime was carried out for the benefit of a criminal street gang. The minor had been placed on probation in 2008 for another gang-related offense and continued to be monitored by the probation department at the time of his most recent offense.

At the dispositional hearing, the juvenile court ordered the minor committed to DJF and set the maximum period of confinement at 15 years eight months. The court also ordered that the minor could not: (1) possess any firearms or dangerous weapons; (2) associate with gang members, frequent areas of known gang activity, or possess gang clothing or items; (3) drive a motor vehicle unless properly licensed and insured; and (4) have any contact with the victim.

DISCUSSION

The minor contends the juvenile court erred by imposing the equivalent of conditions of probation when it committed him to DJF. The People concede error.

In In re Allen N. (2000) 84 Cal.App.4th 513, the juvenile court committed the minor to the California Youth Authority (now DJF) and imposed various gang-related conditions. This court struck the conditions imposed by the juvenile court, concluding that "the imposition of probationary conditions constitutes an impermissible attempt by the juvenile court to be a secondary body governing the minor's rehabilitation." (Id. at p. 516.) Our reasoning was based on the fact that a commitment to DJF "removes the ward from the direct supervision of the juvenile court." (Id. at p. 515, italics omitted.)

Likewise, in the present matter, when the juvenile court committed the minor to DJF, its authority to directly supervise the minor terminated. Thus, the conditions ordered by the court -- concerning weapons, gang affiliation and clothing, driving without a license and contact with the victim -- were beyond its authority and must be stricken.*fn1

DISPOSITION

The conditions imposed by the juvenile court, described heretofore, are stricken. The juvenile court is directed to amend its records accordingly and to forward copies of pertinent

documents to the Director of DJF. In all other respects, the order of the juvenile court is affirmed.

We concur: RAYE, P. J. MAURO, J.


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