California Court of Appeals, Fourth District, First Division
In re R.S., a Person Coming Under the Juvenile Court Law.
R.S., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent,
from an order of the Superior Court of San Diego County No.
J238506, Aaron H. Katz and Browder A. Willis, Judges.
Affirmed as modified.
N. Johndro, under appointment by the Court of Appeal, for
Defendant and Appellant.
Becerra, Attorney General, Gerald A. Engler, Chief Assistant
Attorney General, Julie L. Garland, Assistant Attorney
General, A. Natasha Cortina and Alastair J. Agcaoili, Deputy
Attorneys General, for Plaintiff and Respondent.
plea agreement addressing two separate delinquency petitions,
R.S. admitted to one count of robbery (Pen. Code, § 211)
and one count of resisting an executive officer (Pen. Code,
§ 69). At the disposition hearing, the juvenile court
adjudged R.S. a ward of the state under Welfare and
Institutions Code section 602 and placed him at the Camp
Barrett program for a custodial period not exceeding 365
days. The court further ordered that upon release from Camp
Barrett, R.S. would be placed on probation subject to
appeals, challenging two of the imposed probation conditions.
One pertains to searching R.S.'s property. The other
allows R.S. to travel in a car with minors only under certain
conditions. Although he did not challenge these conditions
below, he contends that each of these conditions is
unconstitutional on its face. We disagree and determine that
R.S. forfeited his challenges here by failing to raise these
issues in the juvenile court.
also asserts, and the People concede, the juvenile court
erred in failing to award him the proper precommitment
custody credit. We therefore modify the order to reflect the
correct precommitment custody credit. In all other respects,
the order is affirmed.
April 7, 2016, police officers detained R.S. at Crawford High
School in response to a report that a nonstudent juvenile
male was trespassing on campus. The officers took R.S. to the
school's main office and questioned him. R.S. denied
being on school grounds. He also repeatedly refused to
identify himself and was "very loud and rude."
R.S. did not cooperate with the officers, the officers
attempted to place him under arrest. As they did, R.S.
"tensed up and clenched his fists and attempted to pull
away." He yelled, "Don't fucking touch me
Blood, get your hands off me!" R.S. struggled with the
officers as they tried to subdue him. Eventually, the
officers handcuffed R.S. One of the officers suffered a
hairline fracture to his thumb during the struggle. School
administrators reported that, before the officers arrived,
R.S. had identified himself by a fake name and falsely
claimed that he was a student at the school.
two months later, R.S. and a juvenile associate were inside a
Starbucks at 67th Street and El Cajon Boulevard, watching a
70-year-old man as he left the coffee shop. The man was
carrying an iPhone 6. R.S. and his associate nodded their
heads in the man's direction and then followed him
outside "as if they were stalking him." R.S. and
his associate then struck the man from behind in the back of
his head. R.S. hit the man, using a "modified
'superman' punch" whereby R.S. jumped up and
brought his fist down onto the man's head. The punch
knocked the man to the ground, rendering him unconscious.
R.S. fled the scene, but witnesses detained his associate
outside the coffee shop until the police arrived and arrested
caught R.S. later that day. At the police station, R.S. at
first denied punching the victim in the head, but later
admitted to striking him. He conceded that he attacked the
victim to steal his iPhone.
disposition hearing, the juvenile court imposed, among
others, the following probation conditions: "Minor shall
submit [his] person, property, or vehicle, and any property
under [his] immediate custody or control to search at any
time, with or without probable cause, with or without a
search warrant, by any law enforcement officer or peace
officers, probation officers, school officials or officers,
and any other state security officers or agents engaged in
the lawful performance of their duties [search
condition]." "The minor shall not knowingly be in
any privately owned vehicle with more than one person the
minor knows or reasonably should know is under the age of 18
unless accompanied by a ...