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In re R.S.

California Court of Appeals, Fourth District, First Division

April 28, 2017

In re R.S., a Person Coming Under the Juvenile Court Law.
v.
R.S., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent,

         APPEAL from an order of the Superior Court of San Diego County No. J238506, Aaron H. Katz and Browder A. Willis, Judges. Affirmed as modified.

          Ashley N. Johndro, under appointment by the Court of Appeal, for Defendant and Appellant.

          Xavier 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.

          HUFFMAN, J.

         Per a 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[1] 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 numerous conditions.

         R.S. 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.

         R.S. 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.

         FACTUAL BACKGROUND[2]

         On 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."

         Because 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.

         About 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 him.

         Police 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.

         DISCUSSION

         At the 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 ...


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