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

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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 Superior Court of Orange County, Gregory 

W. Jones, Judge. Affirmed as modified. 

 Sarita Ordonez, under appointment by the Court of Appeal, for Defendant 

and Appellant. 
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 Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant 

Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and 

Marrissa Bejarano, Deputy Attorneys General, for Plaintiff and Respondent. 

* * * 

 The Orange County Juvenile Court placed minor Abigail S. (born March 

1997) on juvenile probation for prostitution-related activity. The parties agree a 

probation condition requiring Abigail not to associate with anyone involved in 

prostitution activities is vague because Abigail could unknowingly violate the 

prohibition. As modified, we affirm the judgment. 

I 

FACTS AND PROCEDURAL BACKGROUND

 On the morning of March 2, 2013, Los Angeles undercover vice officers 

spotted 15-year-old Abigail walking in an area where prostitution 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 second motorist and rode off. 

Officers stopped the car and arrested Abigail. Abigail’s mother reported Abigail missing 

two weeks earlier. 

 The Los Angeles County District Attorney filed a petition under Welfare 

and Institutions Code section 602 alleging Abigail loitered 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 juvenile court transferred the case to Orange 

County where Abigail’s mother lived. The court placed Abigail on probation on various 

terms and conditions. 

 On April 8, Abigail left home ostensibly 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)), leaving home without 

permission, failing to report to the probation officer, and absconding from probation and 
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parental supervision. In early May, Abigail received a citation for being a pedestrian in a 

roadway and loitering and Van Nuys police arrested her for prostitution the following 

day. On May 8, Abigail admitted the probation violations. The court committed her to 

juvenile hall or other appropriate 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 

DISCUSSION

Probation Condition Directing Abigail Not to Associate With Anyone Involved in 

Prostitution Activities Of Any Type is Vague and Must Be Modified 

 The court advised Abigail on the record “You are not to associate with 

anyone who is involved in prostitution 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 pronouncement 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 order do not unambiguously provide Abigail 

must know the persons with whom she is prohibited from associating 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 probation, 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 associate with anyone you know is involved in prostitution 

activities of any type.” 
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III 

DISPOSITION

 The probation order is modified (§ 1260) as indicated above. The juvenile 

court is directed to prepare an amended minute order incorporating the modification and 

to provide a copy to the parties and the Orange County probation department. In all other 

respects, the judgment is affirmed. 

 

 ARONSON, J. 

WE CONCUR: 

RYLAARSDAM, ACTING P. J. 

MOORE, J.