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Name: In re Walter P.
Case #: C056550
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/15/2009
Summary

Probation conditions beyond the statutory fine were not an abuse of discretion by the juvenile court. The juvenile court found that the minor violated Health and Safety Code section 11357, subdivision (b), which allows for the imposition of a fine of not more than $100 for the possession of less than an ounce of marijuana. The juvenile court placed the minor on probation with conditions that he spend 45 days on home supervision and complete 8 days in a juvenile work project program. On appeal, the minor argued that the additional conditions were invalid because the maximum penalty for the offense is a $100 fine. The appellate court rejected the argument and affirmed. The juvenile court may impose probation with appropriate conditions for an offense punishable only by a fine. Home supervision is not confinement and is an acceptable juvenile probation condition under the applicable statutory authority. Likewise, compulsory community service is a permissible sanction consistent with the rehabilitative objectives of the juvenile court system.