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In Re Mitchell W., A Person Coming Under the Juvenile Court Law. v. Mitchell W

April 4, 2012

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



(Super. Ct. No. 68111)

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

In re Mitchell W. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

After the minor, Mitchell W., violated juvenile probation by possessing child pornography on his laptop computer, the juvenile court ordered the computer destroyed, over the minor's objection that destroying the hard drive would suffice. The court stayed the order pending appeal.

The minor contends that the court's order violated constitutional due process, was overbroad, and was not specifically tailored to his needs.

We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On May 17, 2010, the San Joaquin County District Attorney filed a juvenile wardship petition as to the minor, then age 16. (Welf. & Inst. Code, § 602, subd. (a).) The petition alleged that the minor had violated Penal Code sections 422, criminal threats, and 242, battery. His mother, Lisa W., was the alleged victim on both counts.

The detention report stated that after Lisa W. had told the minor he could not play video games because he was not attending school regularly, he struck her several times and repeatedly threatened to kill her. Lisa W. sustained swelling and bruises on her arm and pain to her hand. The minor's conduct also endangered his seven-year-old sister, who was nearby. Lisa W. said the minor had made similar threats before.

On May 20, 2010, the minor admitted the charges. On July 7, 2010, the juvenile court declared him a ward of the court, placed him on probation with a maximum period of confinement set at one year two months, directed him to follow all laws and court orders, and subjected him to unlimited search and seizure.

On September 21, 2010, the probation officer filed a probation violation petition, alleging that the minor had repeatedly missed school and that his mother had said he was "out of control."

On September 22, 2010, the minor admitted the violations. The juvenile court released him to his mother's custody.

On November 18, 2010, the police seized the minor's computer and found child pornography on it. The minor's mother had caught the minor viewing child pornographic images on the computer two years prior and had admonished the minor about collecting such images. She had recently caught him again. A court-ordered psychological evaluation of the minor stated that the minor had a history of watching child pornography on his computer. The evaluation also stated that the minor's mother described ...


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