In re A.V. CA2/6
B335863
Cal. Ct. App.Apr 14, 2025Background
- A.V. was found to have committed battery against W.V., with whom he had a dating relationship, and was declared a ward of the court under juvenile law.
- The incident occurred at W.V.'s home, where A.V. tightly squeezed W.V. until intervention was required.
- A.V. struggled with drug addiction, undergoing multiple rehabilitation attempts in Mexico and in the United States, with relapses documented in court.
- The juvenile court, sensitive to A.V.'s addiction issues, imposed probation, including a ban on unlawful drug and alcohol use, substance abuse counseling, and regular recovery meetings.
- A.V. appealed, challenging the sufficiency of evidence of a dating relationship and constitutionality of the probation condition barring drug and alcohol use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for dating relationship | Enough evidence A.V. and W.V. frequently saw each other; testified as boyfriend/girlfriend | Did not have a qualifying dating relationship | Sufficient evidence; court credited testimony |
| Probation ban on drugs/alcohol is overbroad | Tailored to address substance abuse | Prohibition is unreasonable, needed treatment not abstinence | Not overbroad; condition appropriate |
| Probation condition as cruel/unusual punishment | Court attuned to addiction; supportive interventions | Addiction is illness; can't simply admonish away | No Eighth Amendment violation found |
Key Cases Cited
- People v. Upsher, 155 Cal.App.4th 1311 (Cal. Ct. App. 2007) (Defines and discusses what qualifies as a dating relationship under the Penal Code)
- People v. Avila, 46 Cal.4th 680 (Cal. 2009) (Outlines standard for appellate review of sufficiency of evidence)
- People v. Manibusan, 58 Cal.4th 40 (Cal. 2013) (Affirms that assessing witness credibility is for the trial court)
- People v. Young, 34 Cal.4th 1149 (Cal. 2005) (Clarifies standard of review for factual findings)
- People v. Maciel, 57 Cal.4th 482 (Cal. 2013) (Mandates finding all reasonable inferences in support of judgment)
