Filed 1/23/14 In re Abigail S. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re ABIGAIL S., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent,

v. ABIGAIL S., Defendant and Appellant. G048420
(Super. Ct. No. DL044323)

O P I N I O N

Appeal from a judgment of the Superi or Court of Orange County, Gregory W. Jones, Judge. Affirmed as modified. Sarita Ordonez, under appointment by the Court of Appeal, for Defendant and Appellant.2 Kamala D. Harris, Attorney Genera l, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistan t Attorney General, Charles C. Ragland and Marrissa Bejarano, Deputy Attorneys Gene ral, for Plaintiff and Respondent.
* * * The Orange County Juve nile Court placed minor Abigail S. (born March 1997) on juvenile probati on for prostitution-related activ ity. The parties agree a probation condition requiring Abigail not to associate with anyone involved in prostitution activities is vague because Ab igail could unknowingly violate the prohibition. As modified, we affirm the judgment.
I
F ACTS AND P ROCEDURAL B ACKGROUND On the morning of March 2, 2013, Los Angeles undercover vice officers spotted 15-year-old Abigail walking in an area where pr ostitution flourished. They watched her talking with a male motorist while wearing tight black pants and a partially opened shirt exposing her bra. She entered the vehicle of a se cond motorist and rode off. Officers stopped the car and arrested Abigail. Abigail’s mother re ported Abigail missing
two weeks earlier. The Los Angeles County District Attorney filed a petition under Welfare
and Institutions Code secti on 602 alleging Abigail loitere d to commit prostitution (Pen. Code, § 653.22, subd.(a); all statutory citations are to the Penal Code unless noted). Abigail admitted the allegation and the juveni le court transferred the case to Orange County where Abigail’s mother lived. The court placed Ab igail on probation on various
terms and conditions. On April 8, Abigail left home ostensib ly to visit her probation officer but did not return. The Orange County probation department filed a notice alleging Abigail had violated probation by fighting at school (§ 415, subd. (1)), le aving home without permission, failing to report to the probati on officer, and absconding from probation and3 parental supervision. In early May, Abigail received a citation for being a pedestrian in a roadway and loitering and Van Nuys police arrested her fo r prostitution the following day. On May 8, Abigail ad mitted the probation violations . The court committed her to juvenile hall or other approp riate facility for 30 days and continued her on probation. The court advised Abigail the previously imposed “terms and conditions of probation
remain in full force and effect.”
II
D ISCUSSION Probation Condition Directing Abigail Not to Associate W ith Anyone Involved in Prostitution Activities Of Any Type is Vague and Must Be Modified The court advised Abigail on the reco rd “You are not to associate with anyone who is involved in pr ostitution activities of any type.” The minute order from the hearing provides, “Minor not to associate with anyone knowlingly [ sic ] involved in prostitution activity of any type.” (Italics added.) (See In re Byron B. (2004) 119 Cal.App.4th 1013, 1018 [oral pronounceme nt in the reporter’s transcript and minute
order should be harmonized to the extent possible].) The parties agree the condition is unconstitutionally vague because the court’s oral pronouncement and the minute or der do not unambiguously provide Abigail must know the persons with wh om she is prohibited from a ssociating are involved in prostitution activity. ( In re Sheena K. (2007) 40 Cal. 4th 875, 890; In re H.C. (2009) 175 Cal.App.4th 1067, 1071 [requirement is that the minor be “‘possessed of knowledge’”; condition modified to read “‘You [] will not associate with any person known to you to be on probatio n, on parole or a member of a criminal street gang’”].) We accept the Attorney General’s concession and will modify the probation condition as
follows: “You are not to a ssociate with anyone you know is involved in prostitution activities of any type.”4 III
D ISPOSITION The probation order is modified (§ 1 260) as indicated above. The juvenile court is directed to prepare an amended mi nute order incorporating the modification and to provide a copy to the parties and the Oran ge County probation depart ment. In all other respects, the judgment is affirmed.

ARONSON, J.

WE CONCUR:

RYLAARSDAM, ACTING P. J.

MOORE, J.