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Name: In re Justin S.
Case #: B148299
District 2 DCA
Division: 4
Opinion Date: 11/06/2001
Subsequent History: None
Summary

The juvenile court sustained a petition pursuant to Welfare and Institutions Code section 602 which charged the minor with robbery. At disposition, the court placed appellant on probation and ordered him not to engage in delinquent behavior, or to associate with any gang members or anyone disapproved of by his parents or probation officer. Appellant did not object to these conditions of probation. On appeal, he argued that the conditions were vague and overbroad. The court held that the the delinquent behavior condition was not vague and that the law provided sufficient notice of what delinquent behavior is. However, the prohibition against associating with gang members was overbroad. The appellate court modified the condition to read that appellant could not associate with anyone “known to him” to be a gang member. In its opinion, the court also overruled its prior opinion in In re Tanya B. (1996) 43 Cal.App.4th 1, and held that a juvenile must object to a probation condition in order to preserve it for appeal, unless some exception applies to excuse the failure to object. Here, since appellant’s constitutional claims presented pure questions of law that could be resolved without reference to the record of the sentencing, he was not foreclosed from raising them despite his failure to object.