In re J.M. CA5 ( 2023 )

Filed 5/31/23 In re J.M. CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re J.M., a Person Coming Under the Juvenile
Court Law.
THE PEOPLE, F085431
Plaintiff and Respondent, (Super. Ct. No. JW-132483-00)
v.
OPINION
J.M.,
Defendant and Appellant.
THE COURT*
APPEAL from orders of the Superior Court of Kern County. John W. Lua, Judge.
Roshni Mehta, under appointment by the Court of Appeal, for Defendant and
Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
* Before Levy, Acting P. J., Poochigian, J. and Meehan, J.
Appointed counsel for minor J.M. asked this court to review the record to
determine whether there are any arguable issues on appeal. (People v. Wende (1979)
25 Cal.3d 436.) Minor was advised of his right to file a supplemental brief within
30 days of the date of filing of the opening brief. Minor did not respond. Finding no
arguable error that would result in a disposition more favorable to minor, we affirm.
BACKGROUND
On December 9, 2021, 16-year-old minor was involved in a large student dispute
outside his school. When a female teacher heard minor talking to another student about
fighting each other, she tried to intervene. She moved between minor and the other
student to protect the student from an attack. She told minor to stop and put her hand up,
touching minor. In response, minor pushed her with both hands. She told him again to
stop and he pushed her a second time. More staff then intervened and removed minor
from the incident.
On May 9, 2022, a juvenile petition was filed pursuant to Welfare and Institutions
Code section 602 alleging minor committed misdemeanor battery against the teacher
(Pen. Code, § 243, subd. (a); count 1).
At the detention hearing on May 23, 2022, minor was released to his mother on
home supervision.
On October 17, 2022, an amended petition was filed with an additional allegation
of misdemeanor public fighting or threatening to fight (Pen. Code, § 415, subd. (1);
count 2).
On October 27, 2022, a contested jurisdiction hearing was held. The juvenile
court found count 1 true; but the court found count 2 not true.
On November 17, 2022, the disposition hearing was held. The juvenile court
adjudged minor a ward of the court and placed him on probation, including 40 hours in
the juvenile work program.
On December 12, 2022, minor filed a notice of appeal.
2.
DISCUSSION
Having undertaken an examination of the entire record, we find no evidence of
any arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The juvenile court’s findings and orders are affirmed.
3.