Opinion
C089022
09-30-2019
In re A.O., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.O., Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. JL18027)
Minor A.O. appeals the probation condition that he not leave the state or county without prior approval from the probation office. He contends the condition is constitutionally overbroad. We dismiss the appeal as moot.
BACKGROUND
A.O. lived in Modoc County. He admitted committing misdemeanor vandalism in Lassen County. The juvenile court placed him on six months of formal probation. One of the conditions of probation required A.O. to seek prior approval of the probation officer before leaving the state or the county. A.O.'s counsel objected to the condition, arguing that given the location of Modoc County, that A.O.'s parents live outside of the county, and that he goes to school outside of the county, the condition was unreasonable. The juvenile court agreed that the practicalities of life in Modoc County require regular travel outside the county. However, the juvenile court also noted the condition is a standard of probation and A.O. could work with the probation office for standing permission for certain activities. A.O.'s counsel acknowledged the condition was a standard probation condition, but argued it should be written to suit the particular facts of this case. Probation ended July 16, 2019.
DISCUSSION
A.O. challenges the imposition of the probation condition requiring him to seek prior approval before traveling outside of the county. He contends the condition is overbroad because he attends school in Lassen County and needs to travel outside of Modoc County for a variety of recurring circumstances such as shopping, medical appointments, and to see his parents. The People contend the appeal is moot, as A.O. is no longer on probation.
"An appeal should be dismissed as moot when the occurrence of events renders it impossible for the appellate court to grant appellant any effective relief." (Cucamongans United for Reasonable Expansion v. City of Rancho Cucamonga (2000) 82 Cal.App.4th 473, 479.) A.O. acknowledges his appeal is moot, but asks us to decide it anyway because it involves an issue of broad public interest likely to recur. (See, e.g., People v. Cheek (2001) 25 Cal.4th 894, 897-898.) We decline the invitation.
Generally, we do not exercise our discretion to decide moot issues when the issues are fact-driven, as their resolution is unlikely to provide much guidance in future cases. (See, e.g., MHC Operating Limited Partnership v. City of San Jose (2003) 106 Cal.App.4th 204, 215 [dismissing moot appeal "given the fact-driven nature of the questions presented"]; Giles v. Horn (2002) 100 Cal.App.4th 206, 228 [declining to decide a moot issue "dependent upon the specific facts of a given situation"].) Although the trial court indicated the probation condition challenged is a standard condition, A.O. does not challenge the travel pre-approval condition as facially overbroad. Rather, he argues the condition is overbroad, as applied to him and his circumstances. Whether a probation condition is overbroad as applied to the particular probationer is a fact-specific determination. (See In re Sheena K. (2007) 40 Cal.4th 875, 885, 889; People v. Stapleton (2017) 9 Cal.App.5th 989, 993.) Because an applied challenge to a probation condition "is a particularly factual determination that must be resolved on a case-by-case basis, dependent upon the specific facts of a given situation, it is not one on which we [will] exercise our discretion to address on the merits, despite the fact that it is moot." (Giles, at p. 228.)
DISPOSITION
The appeal is dismissed.
/s/_________
BLEASE, Acting P. J. We concur: /s/_________
MAURO, J. /s/_________
RENNER, J.