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In re J.S.

California Court of Appeals, Fourth District, First Division

July 11, 2019

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

          APPEAL from a judgment of the Superior Court of San Diego County No. J241043, Robert J. Trentacosta, Judge. Affirmed.

          Christine M. Aros, 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, Arlene A. Sevidal, Collette C. Cavalier and Elizabeth M. Kuchar, Deputy Attorneys General, for Plaintiff and Respondent.

          AARON, ACTING P. J.

         I.

         INTRODUCTION

         Minor J.S. appeals a dispositional order adjudging him a ward of the court pursuant to Welfare and Institutions Code section 602 and placing him on formal probation, subject to various terms and conditions. On appeal, J.S. argues that certain probation conditions that permit searches of his electronic devices and impose limitations on his use of computers, the Internet, and social networking Web sites are unconstitutionally overbroad and should be stricken in their entirety. In the alternative, J.S. contends that the conditions at issue should be stricken and the case remanded to allow the trial court to determine whether the conditions can be narrowly tailored to serve the state's interest in rehabilitation.[1] We affirm the judgment.

         II.

         FACTUAL AND PROCEDURAL BACKGROUND

         A. Factual background

         1. The prosecution's evidence

         At the time of the incident that led to the charges against J.S., in October 2017, the victim, John Doe, was nine years old and lived with his grandmother in San Ramon, which is located in Contra Costa County, California. That month, a family friend and her son and two nephews, 12-year-old J.S. and his brother R.R., were temporarily staying at Doe's home. The family friend's nephews stayed in Doe's room with him.

         On the morning of October 30, 2017, Doe woke up and turned on the light in his room. At that time, R.R. was still sleeping and J.S. was in the bathroom getting ready for school. When J.S. returned to the bedroom, he told Doe to suck his "private part," and said that if Doe did not do it, J.S. would hurt Doe. J.S. exposed his penis and "showed" Doe what he wanted Doe to do. Doe was afraid that J.S. would hurt him, so he got on the ground and began to orally copulate J.S.

         Doe did not know how long J.S.'s penis was in his mouth, but at some point, Doe's grandmother walked by and witnessed Doe on the floor with his head moving back and forth while J.S.'s penis was in his mouth. Doe's grandmother screamed," 'What the fuck!'" She immediately started crying. At that point, J.S. jumped back from Doe and with his penis still exposed said, "It's not what you think."

         An officer arrived on scene and spoke with J.S. The officer asked J.S. to "give [the officer] the rundown of the events in his own words." J.S. said that he had awakened and left the room. He returned to the room to retrieve his backpack, and when he turned around, he noticed that Doe had been behind him. He then said that Doe "went down to his knees in front of him," and that Doe "went down and grabbed one of his legs." J.S. grabbed Doe's head and "moved it away from him," and that this ...


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