People v. Angel J.
People v. Angel J.
Opinion of the Court
Angel J. appeals from a judgment finding him a ward of the court (Welf. & Inst. Code,
Factual and Procedural Background
On November 10, 1990, at approximately 4:35 p.m., two police officers responded to a report of two young males playing with nunchaku in the courtyard of an apartment building. One police officer entered the courtyard, saw Angel and another juvenile, and asked both of them if they had been playing with nunchaku. Angel responded by directing the other juvenile to give the nunchaku to the officer, by saying “Give him the nunchakus [sic]” or “Give them to him.” About a minute later the second police officer arrived from the other side of the complex and witnessed Angel receiving Miranda
Finding Angel made a knowing and voluntary waiver, the court denied a motion to exclude the admissions. The court found Angel had demonstrated the right to control the nunchaku, judged Angel guilty of possession of the nunchaku (Pen. Code, § 12020, subd. (a)), and declared him a ward of the court (§ 602). Placing Angel with his mother, the court ordered Angel to perform 40 hours of community service, and imposed conditions on his probation. Two of the probation conditions are challenged on this appeal: (1) “You must. . . maintain satisfactory grades” and (2) “You are not to be in
Discussion
I. True Findings of Guilt.
II. Probation Conditions.
Angel contends the court erred in imposing two of the conditions of probation. Section 730 authorizes courts wide latitude in juvenile cases to impose conditions of probation beyond adult-type restrictions for purposes of reformation and rehabilitation of the juvenile.
A. Satisfactory Grades. Angel argues the court erred in requiring he maintain satisfactory grades because such a probation condition is not reasonably related to his background or crime, and such a requirement is unconstitutionally overbroad, unconstitutionally vague, and beyond his capacity.
There is a “well known correlation between education and the crime rate.” {In re Robert M. (1985) 163 Cal.App.3d 812, 816 [209 Cal.Rptr. 657], see
While conceding probation, requirements to attend school are routinely upheld, Angel contends the requirement to maintain satisfactory grades while attending school is unconstitutional because such a measure is broader than necessary to achieve the desired result and the benefits of regular school attendance are adequate to accomplish any rehabilitative goals. Angel’s argument fails to identify what fundamental right is being unconstitutionally infringed.
Angel contends the requirement of satisfactory grades is unconstitutionally vague because the requirement is so imprecise and subjective that he cannot know what is required of him. “It is an essential component of due process that individuals be given fair notice of those acts which may lead to a loss of liberty. [Citations.] This is true whether the loss of liberty arises from a criminal conviction or the revocation of probation. [Citations.] [f] ‘ “Fair notice” requires only that a violation be described with a “ ‘reasonable degree of certainty’ ”... so that “ordinary people can understand what conduct is prohibited.” ....’” (In re Robert M., supra, 163 Cal.App.3d at p. 816, quoting Burg v. Municipal Court (1983) 35 Cal.3d 257,
Here the term “satisfactory grades" arose from use of a standardized juvenile court form, where the court selects appropriate probation conditions from among a list of 16 restrictions.
Angel further contends the requirement to maintain satisfactory grades is beyond his capacity, citing In re Robert M., supra. There a court-ordered evaluation found the juvenile had an IQ of 70 and functioned “about five years below his current grade level in all academic areas.” (In re Robert M., supra, 163 Cal.App.3d at pp. 816-817.) Unlike Robert M. where “the uncontradicted evidence show[ed] compliance with that condition [was] beyond Robert’s capacity,” here Angel recently received passing grades in all subjects except physical education.
B. Vehicle Restriction.
The judgment is modified by striking without prejudice the probation condition limiting vehicle use and permitting further proceedings consistent with this opinion. The phrase “satisfactory grades” shall be defined in accordance with this opinion. As modified, the judgment is affirmed.
Work, J., concurred.
All statutory references are to the Welfare and Institutions Code unless otherwise specified.
See Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974].
See footnote, ante, page 1096.
Section 730 provides in part: “When [a] ward is placed under the supervision of the probation officer . . . the court may make any and all reasonable orders for the conduct of such ward .... The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.”
This court declines to speculate what fundamental right Angel considers is violated by a requirement to maintain satisfactory grades. It is unlikely Angel claims a fundamental right to illiteracy; but Angel only cites a case holding a woman’s probation condition prohibiting conception as unconstitutionally overbroad. (People v. Pointer (1984) 151 Cal.App.3d 1128, 1139 [199 Cal.Rptr. 357].) A woman’s constitutional right of privacy encompassing her privilege to bear children is substantially distinguishable from an alleged right not to achieve satisfactory grades.
Angel would apply a strict scrutiny test (least restrictive means), yet an intermediate or low-scrutiny (rationally related) test might properly apply to the alleged violation of his unidentified constitutional right.
Because of the limited record, we do not interpret the intent of the court below. During the disposition hearing the court advised Angel he had to “maintain good grades and good citizenship." Good grades could be interpreted as a higher requirement than satisfactory grades. Since Angel appeals from the probation terms specified on the juvenile court order, we need not resolve this minor ambiguity.
A passing grade is defined as not failing, such as D or above in an A through F grading system.
During the 1989-1990 school year, Angel received: B’s in applied reading development and social studies; C’s in music and English; a D in math; and an F in physical education.
See footnote, ante, page 1096.
Concurring in Part
See footnote, ante, page 1096.
Reference
- Full Case Name
- In Re ANGEL J., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. ANGEL J., Defendant and Appellant
- Cited By
- 26 cases
- Status
- Published