People v. Sheena K.

153 P.3d 282, 40 Cal. 4th 875, 2007 Cal. Daily Op. Serv. 2767, 2007 Daily Journal DAR 3505, 55 Cal. Rptr. 3d 716, 2007 Cal. LEXIS 2042
CourtCalifornia Supreme Court
DecidedMarch 15, 2007
DocketNo. S123980
StatusPublished
Cited by4 cases

This text of 153 P.3d 282 (People v. Sheena K.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Sheena K., 153 P.3d 282, 40 Cal. 4th 875, 2007 Cal. Daily Op. Serv. 2767, 2007 Daily Journal DAR 3505, 55 Cal. Rptr. 3d 716, 2007 Cal. LEXIS 2042 (Cal. 2007).

Opinion

Opinion

GEORGE, C. J.

Sheena K., defendant, was convicted of misdemeanor battery and, pursuant to Welfare and Institutions Code section 602, was adjudicated a ward of the juvenile court. In its disposition, the juvenile court ordered that defendant be placed on probation subject to a variety of conditions, including that she “not associate with anyone disapproved of by probation.” Although defendant did not object in the juvenile court to any of the conditions of probation imposed, on appeal she contended that the probation condition restricting her association with other persons was vague and overbroad, violating her rights under the First and Fifth Amendments to the federal Constitution.

In declining to apply the doctrine of forfeiture on appeal and deciding minor’s constitutional claim notwithstanding her failure to object on that ground in the juvenile court, the Court of Appeal joined a conflict that exists among the Courts of Appeal with respect to the applicability of that doctrine to challenges made upon constitutional grounds to a condition of probation. Having concluded on the merits that the probation condition imposed in the present case was unconstitutionally vague and overbroad in its literal wording, the Court of Appeal added the requirement that defendant have knowledge that the probation officer disapproved of a particular associate, and upheld the condition as so modified.

We granted review to resolve the conflict among appellate decisions concerning whether the doctrine of forfeiture or waiver applies to a challenge to a condition of probation, raised for the first time on appeal, when the challenge is based on the ground the condition is vague or overbroad and thus facially unconstitutional. In addition, we directed the parties to brief the issue whether defendant’s probation condition requiring that she not associate with anyone “disapproved” of by “probation” is vague or overbroad and thus violates defendant’s constitutional rights.

[879]*879As we shall explain, we conclude that defendant’s constitutional challenge to her probation condition was not forfeited despite her failure to object on the foregoing ground at the time the condition was imposed by the juvenile court. In addition, we conclude that, as imposed by the juvenile court, the probation condition is unconstitutionally vague, but as modified by the Court of Appeal, the condition satisfies federal constitutional requirements. For a different reason, however, we do not have cause to affirm the judgment rendered by the appellate court.

Recently we were informed that Sheena, who was bom on June 16, 1986, died on or about June 2, 2006. Although her death renders the People’s appeal technically moot (In re Jackson (1985) 39 Cal.3d 464, 468, fn. 3 [216 Cal.Rptr. 760, 703 P.2d 100]; see People v. Dail (1943) 22 Cal.2d 642, 659 [140 P.2d 828]), we have exercised our inherent authority to retain this case for argument and opinion in order to resolve the conflict that has arisen in the Courts of Appeal with regard to the first issue, and in view of the recurring nature of both issues. (People v. Anzalone (1999) 19 Cal.4th 1074, 1076 [81 Cal.Rptr.2d 315, 969 P.2d 160]; In re Jackson, supra, 39 Cal.3d at p. 468, fn. 3; see People v. Mancheno (1982) 32 Cal.3d 855, 859, fn. 1 [187 Cal.Rptr. 441, 654 P.2d 211]; In re William M. (1970) 3 Cal.3d 16, 23-25 [89 Cal.Rptr. 33, 473 P.2d 737].)

I

Approximately 5:30 p.m. on September 26, 2002, defendant Sheena K. was in the dining facility at the MacLaren Children’s Center in El Monte. Defendant observed that Diana N., whom she did not like, was seated at the same table and demanded that Diana leave. When Diana refused, Children’s Center social worker Julie Nwosu intervened, instructing Diana to stay in her seat and defendant to change tables. Defendant refused to leave, engaged in yelling and name calling with Diana, and poured salad dressing on Diana’s hair and face.

Children’s Center social worker Carla Coleman, whom defendant also did not like, directed defendant to move away from Diana. Defendant approached Coleman, pointing her finger and calling Coleman names. Coleman lost her footing and shoved defendant, who punched Coleman in the face and pulled her hair before being restrained.

According to defendant, Coleman approached, told defendant to leave Diana alone, and pushed defendant against a wall, causing her to hit her head. After defendant pushed Coleman, they grappled and Coleman hit defendant with her fist, cutting defendant’s lip. Defendant denied that she called Coleman names, hit her, or pulled her hair, but admitted that she pushed Coleman and freed herself from Coleman’s grip.

[880]*880The juvenile court found that defendant committed misdemeanor battery (Pen. Code, § 242) and, based on that offense, determined defendant to be a ward of the court (Welf. & Inst. Code, § 602). The juvenile court placed defendant on probation in the Camp Community Placement program, subject to 15 terms and conditions, including that defendant not “associate with anyone disapproved of by probation.” The written form probation order specified that defendant not associate with anyone disapproved of by “Probation Officer.”

On appeal, defendant asserted that in failing to specify that defendant know which persons were disapproved of by her probation officer, the probation condition was unconstitutionally vague or overbroad. In response, the Attorney General urged that defendant had failed to raise the issue in juvenile court and thus had forfeited the claim for purposes of appeal. Having concluded that defendant did not forfeit the constitutional claim on appeal and that the probation condition was vague and overbroad under the Fifth Amendment, the Court of Appeal modified the dispositional order to require that defendant refrain from associating with anyone who she knew was disapproved of by her probation officer, and in other respects affirmed the order. We granted the Attorney General’s petition for review.

II

A

Before determining whether the rule of forfeiture or waiver applies in the present context, we briefly review the nature and purpose of that rule.1 Ordinarily, a criminal defendant who does not challenge an assertedly erroneous ruling of the trial court in that court has forfeited his or her right to raise the claim on appeal. (Simon, supra, 25 Cal.4th at p. 1097; People v. Smith (2001) 24 Cal.4th 849, 852 [102 Cal.Rptr.2d 731, 14 P.3d 942] (Smith).) As the United States Supreme Court recognized in United States v. Olano, supra, 507 U.S. at page 731, “ ‘[n]o procedural principle is more familiar to this Court than that a constitutional right,’ or a right of any other sort, ‘may be forfeited in criminal as well as civil cases by the failure to make timely [881]*881assertion of the right before a tribunal having jurisdiction to determine it.’ ” (See S.B., supra, 32 Cal.4th at p. 1293; 6 Witkin & Epstein, Cal. Criminal Law (3d ed. 2000) Reversible Error, § 36, pp. 495-497; see also 9 Witkin, Cal. Procedure (4th ed.

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153 P.3d 282, 40 Cal. 4th 875, 2007 Cal. Daily Op. Serv. 2767, 2007 Daily Journal DAR 3505, 55 Cal. Rptr. 3d 716, 2007 Cal. LEXIS 2042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sheena-k-cal-2007.