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In Re T.R., A Person Coming Under the Juvenile Court Law. v. T.R

December 16, 2010

IN RE T.R., A PERSON COMING UNDER THE JUVENILE COURT LAW.
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
T.R., DEFENDANT AND APPELLANT.



(San Francisco City & County Super. Ct. No. JW106118)

The opinion of the court was delivered by: Richman, J.

In re T.R.

CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appellant T.R. appeals from a dispositional order of the juvenile court following a sustained finding that she committed battery on a bus driver. She challenges the court's finding, contending it was unsupported by substantial evidence. We disagree and affirm.

BACKGROUND

On September 24, 2009, the District Attorney for the County of Sacramento filed an original Welfare and Institutions Code*fn1 section 602 petition alleging that T.R. committed one count of misdemeanor battery on a transportation worker (Pen. Code, § 243.3) and one count of felony burglary (Pen. Code, § 459). The battery charge stemmed from a July 1, 2009 incident in which, as will be seen in greater detail below, T.R. and four other minors participated in an assault on Jasmin Begovich, a Sacramento County Regional Transit bus driver.*fn2 We note that while this was the first section 602 petition filed against T.R., she had a very unstable childhood that included frequent involvement by child protective services. Between April 1994 and August 2009, the agency received at least 20 referrals concerning T.R. and her family, four of which were substantiated. The concerns included physical and sexual abuse, general neglect, and caretaker absence. T.R., who was 15-years-old at the time of the battery in question, was declared a section 300 dependent in September 2002. At the time the section 602 petition was filed, the whereabouts of both of her parents were unknown,*fn3 and T.R., who had been in nine different foster placements, was living with her then foster parent in San Francisco. Between the filing of the petition and disposition, T.R. failed at that placement as well as another, and was living in a group home.

A contested jurisdictional hearing was held on February 10, 2010. At the outset of the hearing, on the district attorney's motion, the court dismissed the burglary charge for lack of evidence. Evidence was then taken on the battery charge, and at the conclusion of the hearing, the court sustained the charge. It ordered that T.R. remain a dependent and transferred the matter to San Francisco County--T.R.'s county of residence--for disposition.

At an April 20, 2010 dispositional hearing, T.R. was placed on six months probation.

This timely appeal followed.

EVIDENCE AT THE JURSDICTIONAL HEARING

Video Recording of the Incident

The incident in question occurred aboard a bus at the intersection of Greenback Lane and Sunrise Boulevard in Citrus Heights. Mr. Begovich was driving the bus and had stopped at the intersection to load passengers. Security cameras aboard the bus recorded the assault, and the video recording was played during the jurisdictional hearing. One camera, which was located above and slightly behind the driver's area, was directed at the front door of the bus. That camera showed a group of five young females board the bus, which females, with the exception of ...


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