California Court of Appeals, Fourth District, First Division
In re J.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent,
J.S., Defendant and Appellant.
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.
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
ACTING P. J.
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. We affirm the judgment.
AND PROCEDURAL BACKGROUND
The prosecution's evidence
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.
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.
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."
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 ...