In re F.T. CA4/2

Filed 10/31/13 In re F.T. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
In re F.T., a Person Coming Under the
Juvenile Court Law.
THE PEOPLE,
E058370
Plaintiff and Respondent,
(Super.Ct.No. INJ1200622)
v.
OPINION
F.T.,
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Lawrence P. Best,
Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed; remanded with
directions.
Erica Gambale, under appointment by the Court of Appeal, for Defendant and
Appellant.
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Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Julie L. Garland, Assistant Attorney General, and Charles C. Ragland, Deputy
Attorney General, for Plaintiff and Respondent.
F.T., a minor, was declared a ward of the juvenile court after an incident of
vandalism—spray painting graffiti—committed at the minor’s school. (Pen. Code, § 594,
subd. (b)(1).) He was placed on probation, and filed a timely notice of appeal. He now
contends that a condition of his probation, specifically that he “[n]ot knowingly possess,
consume, inhale, or inject any intoxicants, alcohol, narcotics, aerosol products, or other
controlled substances, poisons, illegal drugs, including marijuana[,] nor possess related
paraphernalia,” is unconstitutionally vague and overbroad. We agree that it is overbroad,
and we will remand the cause to the juvenile court with directions to modify the
probation condition.1
DISCUSSION
THE PROBATION CONDITION IS OVERBROAD
A juvenile court has wide discretion to select appropriate conditions of probation
and may impose “any reasonable condition that is fitting and proper to the end that justice
may be done and the reformation and rehabilitation of the ward enhanced.” (In re
Sheena K. (2007) 40 Cal. 4th 875, 889 (Sheena K.), internal quotation marks and citations
1 No further discussion of the facts or of the procedural history of the case is
necessary.
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omitted for clarity.) A probation condition may be challenged on appeal on grounds that
it is vague or overbroad. (Ibid.) Although J.T. did not object to the probation condition
in the juvenile court, we conclude that his appeal is not forfeited because the vagueness
or overbreadth of the condition is a “‘“pure question[] of law that can be resolved without
reference to the particular sentencing record developed in the trial court.” [Citation.]’”
(Ibid.)
J.T. contends that the probation condition that he “[n]ot knowingly possess,
consume, inhale, or inject any intoxicants, alcohol, narcotics, aerosol products, or other
controlled substances, poisons, illegal drugs, including marijuana[,] nor possess related
paraphernalia,” is both vague and overbroad because “it is exceedingly difficult, if not
practically impossible, for [minor] to know if he is permitted to legally possess prescribed
or over the counter medications which are controlled substances.” We disagree that the
condition is vague. On the contrary, it explicitly prohibits possession or use of any
intoxicants, alcohol, narcotics, or “other controlled substances.”
It is, however, overbroad in that it makes no exception for medications, over-the-
counter or prescription, authorized by a doctor, dentist or other medical practitioner. The
parties suggest that the condition can be modified to overcome this problem, and we
agree.
DISPOSITION
The juvenile court is directed to modify the following probation condition, “Not
knowingly possess, consume, inhale, or inject any intoxicants, alcohol, narcotics, aerosol
products, or other controlled substances, poisons, illegal drugs, including marijuana[,] nor
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possess related paraphernalia,” by adding “The minor may take medications, both
prescribed and over-the-counter, if legally prescribed by a physician, dentist, or other
medical practitioner, but the minor must give written notice of the prescription to his
probation officer.”
The judgment is otherwise affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
J.
We concur:
HOLLENHORST
Acting P. J.
KING
J.
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