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Name: In re K.M.
Case #: A168834
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/20/2024

Reversal required where there was no substantial evidence that 13-year-old minor K.M. understood the “wrongfulness” (PC 26) of possessing a folding knife on school grounds (PC 626.10(a)(1)). Section 26 creates a presumption that a child under the age of 14 is incapable of committing a crime unless the prosecution can show by “clear and convincing evidence that the child understood the wrongfulness of the charged act at the time of its commission.” This statutory presumption was not overcome where: (1) there was no evidence the minor was previously informed that the knife was illegal; (2) the minor’s father told the…

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Name: In re A.L.
Case #: H045802
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/30/2019

Although minor argued the juvenile court erred by not considering her state of mind when finding she resisted police officers and committed battery on an officer, the record did not unambiguously show the court misapplied the law. The minor A.L. got into a fight with her sister that was sufficiently violent that police were called. When officers encountered the two, A.L. was standing over her sister, kicking her. Police attempted to restrain the A.L. who fought with them, scratching and biting. Based on the A.L.'s acts, the juvenile court sustained allegations she committed battery on a peace officer (Pen. Code,…

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Name: In re Carlos H.
Case #: B268893
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 11/18/2016

Restraining order prohibiting delinquent minor from contacting sexual battery victim either directly or indirectly, and providing stay-away order, is valid "other order" which may be issued by the juvenile court. The prosecution filed a Welfare and Institutions Code section 602 petition alleging two counts of sexual battery (Pen. Code, § 243.5, subd. (e)(1)) against the 15-year-old minor. Prior to adjudication, the juvenile court issued a restraining order prohibiting the minor from contacting the victim either directly or indirectly and ordering him to stay 100 yards away from her. On appeal the minor argued the juvenile court abused its discretion by…

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Name: In re Jose O.
Case #: A141001
Court: CA Court of Appeal
District 1 DCA
Opinion Date: 12/09/2014

Evidence that appellant was in the presence of a minor engaged in delinquent conduct was insufficient to support a finding that appellant contributed to the delinquency of the minor (Pen. Code, § 272, subd. (a)(1)). Jose O.'s girlfriend, A.N., ran away from home. Her father, Steven N. found her at Jose O.'s house, but A.N. and Jose O. ran when they spotted him. The next day, Steven N. found the two again. This time, Steven N. was able to catch A.N. despite her attempt to flee with Jose O. According to Steven N., A.N. looked high on drugs. The District…

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Name: In re Fernando C.
Case #: A139743
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 06/26/2014

Student charged with fighting on school grounds (Pen. Code, § 415.5, subd. (a)(1)) could not be declared a ward based on the offense of fighting in a public place (Pen. Code, § 415, subd. (1)) because it is not a lesser included offense. After minor Fernando engaged in a fistfight at school with another student, the People filed a Welfare and Institutions Code section 602 petition alleging that he had fought on school grounds in violation of section 415.5, subdivision (a)(1). Finding that this offense did not apply to a student enrolled at the school (Pen. Code, § 415.5, subd.…

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Name: In re Alonzo J.
Case #: S206720
Court: CA Supreme Court
District CalSup
Opinion Date: 04/03/2014

Under rule 5.778, a juvenile in a delinquency proceeding may not enter a no contest plea without his attorney's consent. The minor, who was already on probation for an assault on his mother, was charged in a delinquency petition with two felony counts of assault and one count of misdemeanor vandalism. Before the jurisdictional hearing, the prosecution offered two pleas; one would allow the minor to return home if he admitted one felony charge. The minor wanted to admit the felony. Defense counsel would not consent to the admission, believing the minor wished to take the plea so he could…

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Name: J.E. v. Superior Court
Case #: D064543
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/18/2014

When a petition filed under Welfare and Institutions Code section 827 provides a reasonable basis to believe exculpatory or impeachment evidence exists in a confidential juvenile file, the juvenile court must conduct an in camera review of the records. A petition was filed charging J.E. with petty theft and two counts of lewd conduct. The juvenile court denied J.E.'s petition under section 827 requesting that the court conduct an in camera inspection of a prosecution witness's juvenile dependency file for Brady v. Maryland (1963) 373 U.S. 83 exculpatory and impeachment evidence. Instead, the juvenile court ruled the request should be…

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Name: In re P.A.
Case #: E053608
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/15/2012

The juvenile court correctly declined to make any statement regarding the minor's maximum term of confinement when it continued the minor in his parents' custody at the disposition hearing; the court's statements at the jurisdiction hearing regarding the maximum term of confinement do not need to be stricken. At a contested jurisdiction hearing, the juvenile court found true allegations that the minor violated Penal Code sections 69 and 148, subdivision (a)(1) and stated the maximum period of confinement. At the disposition hearing, the court did not remove the minor from his parents' custody and did not make any statement regarding…

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Name: In re Alonzo J.
Case #: C068046
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/10/2012
Subsequent History: Review granted 1/23/2013: S206720

The juvenile court erred under California Rules of Court, rule 5.778 when it foreclosed a minor from accepting a prosecution plea bargain offer and failed to determine, by independent inquiry, whether there was a factual basis for the plea. A minor was charged with various offenses as a result of an altercation with his mother. Prior to the jurisdictional hearing, the prosecution extended an offer that the court thought was "very generous" and "much more favorable" to the minor than "the statutory maximums." The minor wished to accept this offer but his attorney refused to consent. This…

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Name: In re M.M.
Case #: S177704
Court: CA Supreme Court
District CalSup
Opinion Date: 06/28/2012

A "school security officer" is a "public officer" for purposes of Penal Code section 148, subdivision (a)(1), willfully resisting, delaying or obstructing a public officer in the discharge of his duties. When school security officers arrived to investigate fresh graffiti on campus, the minor was in a group who fled. He refused to stop at the direction of a uniformed officer. The minor ultimately submitted to orders to stop and was arrested. At a jurisdictional hearing of allegations of vandalism and resisting arrest, the officer testified that his duties included responding to reports of crimes such as vandalism, protecting people…

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