People v. Josue S.
People v. Josue S.
Opinion of the Court
Opinion
The minor, Josué S., appeals from a wardship order (Welf. & Inst. Code, § 602) and the probation conditions imposed by the juvenile court. The minor pled no contest to the offense of vandalism. (Pen. Code, § 594, subd. (a).) The juvenile court sustained the petition and placed the minor home on probation. In the published portion of this opinion we conclude that objections interposed to various probation conditions for the first time on appeal are untimely and are waived or forfeited.
The minor argues that the trial court improperly imposed probation conditions that have no reasonable relationship to the facts underlying the wardship order and his personal history. More specifically, the minor objects
At the outset, we address the suggestion that the imposition of the conditions of probation are constitutionally overbroad or vague. The California Supreme Court has repeatedly held that constitutional objections must be interposed in order to preserve such contentions on appeal. (People v. Williams (1997) 16 Cal.4th 153, 250 [66 Cal.Rptr.2d 123, 940 P.2d 710] [objection raised for the first time on appeal that admission of gang paraphernalia violated defendant’s associational rights under the First and Fourteenth Amendments waived when not presented in trial court]; People v. Padilla (1995) 11 Cal.4th 891, 971 [47 Cal.Rptr.2d 426, 906 P.2d 388], overruled on another point in People v. Hill (1998) 17 Cal.4th 800, 823, fn. 1 [72 Cal.Rptr.2d 656, 952 P.2d 673] [failure to request a particular instruction where there is no sua sponte duty to instruct waived due process contention]; People v. Rodrigues (1994) 8 Cal.4th 1060, 1116, fn. 20 [36 Cal.Rptr.2d 235, 885 P.2d 1] [the defendant’s federal constitutional due process, fair trial, reliable guilt determination claims concerning the admissibility of a videotape waived in a capital case when they were not interposed in the trial court]; People v. Garceau (1993) 6 Cal.4th 140, 173 [24 Cal.Rptr.2d 664, 862 P.2d 664] [Sixth and Fourteenth Amendment claims to a fair trial and equal protection in connection with jury selection waived when not presented in trial court]; People v. McPeters (1992) 2 Cal.4th 1148, 1174 [9 Cal.Rptr.2d 834, 832 P.2d 146] [Sixth Amendment discriminatory juror selection issue waived when not presented in trial court]; People v. Ashmus (1991) 54 Cal.3d 932, 972-973, fn. 10 [2 Cal.Rptr.2d 112, 820 P.2d 214] [Fifth, Eighth, and Fourteenth Amendment confrontation, cruel and unusual punishment, and due process claims respectively waived by failure to interpose them in trial court].) The reason for these rules has been articulated by the California Supreme Court as follows: “ ‘ “An appellate court will ordinarily not consider procedural defects or erroneous rulings, in
At the time the conditions of probation were imposed, the juvenile court invited counsel to comment on the probation report. Defense counsel submitted the matter. Thereafter, defense counsel made no objection when the conditions of probation were read into the record. The conditions of probation imposed were not the basis of an objection in the juvenile court and thus any contentions concerning their constitutional inappropriateness are the subject of waiver or forfeiture. The California Supreme Court has specifically determined that an adult defendant may not challenge the reasonableness of conditions of probation for the first time on appeal. (People v. Welch (1993) 5 Cal.4th 228, 233-238 [19 Cal.Rptr.2d 520, 851 P.2d 802].) In People v. Welch, supra, 5 Cal.4th at page 237, the Supreme Court specifically disapproved the contrary holding of In re Jason J. (1991) 233 Cal.App.3d 710, 714 [284 Cal.Rptr. 673], a juvenile proceeding.
However, after Welch was filed, our colleagues in Division Four of this appellate district issued their opinion in In re Tanya B. (1996) 43 Cal.App.4th 1, 5 [50 Cal.Rptr.2d 576] and held that the holdings of People v. Welch, supra, 5 Cal.4th at pages 233-238, were inapplicable to juvenile delinquency proceedings. Our Division Four colleagues held that Welch was inapplicable to juvenile offenders because the Supreme Court decision of In re Tyrell J. (1994) 8 Cal.4th 68, 82 [32 Cal.Rptr.2d 33, 876 P.2d 519], held that probation conditions for juveniles were different from those imposed
. We respectfully disagree with the foregoing analysis in Tanya B. To begin with, as previously noted, in People v. Welch, supra, 5 Cal.4th at page 237, the Supreme Court disapproved of the holding of In re Jason., supra, 233 Cal.App.3d at page 714 which held that a minor could challenge the reasonableness of probation conditions for the first time on appeal. In other words, the Jason J. holding was specifically disapproved of by the California Supreme Court.
Moreover, we are persuaded by a series of decisions by the justices of the Fourth Appellate District which have enforced the waiver rule articulated in Welch. Our Fourth District Court of Appeal colleagues have determined that such waiver principles are, under normal circumstances, fully applicable to disposition hearings at which the conditions of juvenile probation are imposed. (In re Khonsavanh S. (1998) 67 Cal.App.4th 532, 536-537 [79 Cal.Rptr.2d 80]; see also In re Abdirahman S. (1997) 58 Cal.App.4th 963, 971 [68 Cal.Rptr.2d 402].) As the Khonsavanh S. court noted, the California Supreme Court in People v. Scott (1994) 9 Cal.4th 331, 350-351 [36 Cal.Rptr.2d 627, 885 P.2d 1040], set forth in its waiver analysis as follows, “ ‘The parties have ample opportunity to influence the court’s sentencing choices under the determinate scheme. As a practical matter, both sides often know before the hearing what sentence is likely to be imposed and the reasons therefor. Such information is contained in the probation report, which is required in every felony case and generally provided to the court and parties before sentencing. [Citations.] In anticipation of the hearing, the
The wardship order is affirmed.
Grignon, J., and Armstrong, J., concurred.
Appellant’s petition for review by the Supreme Court was denied August 18, 1999. Kennard, J., and Brown, J., were of the opinion that the petition should be granted.
The conditions of probation at issue read as follows: “Number 9, you are to attend a school program approved by probation, [ft] You are to maintain satisfactory grades, attendance and citizenship and promptly notify probation officer of every absence, [ft] . . . [ft] Number 14, you are not to stay away from residence for more than 24 hours nor leave Los Angeles County except at times and places specifically permitted in advance by the probation officer, [ft] . . . [ft] Number 25, you are to submit your person and property to search and seizure at any time of the day or night by any law enforcement officer with or without a warrant. . . .”
See footnote, ante, page 168.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.