California Court of Appeals, Fourth District, Second Division
In re A.M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent,
A.M., Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County No. J245467, Brian Saunders, Judge.
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Robert Angres, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Lise Jacobson, Michael T. Murphy, and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent.
RAMIREZ, P. J.
Following a jurisdictional hearing, the juvenile court found true that defendant and appellant A.M. (minor) committed battery by gassing while confined in juvenile hall (Pen. Code, § 243.9) and resisting an executive officer (§ 69). Minor was subsequently declared a ward of the court and placed in a suitable foster care facility. On appeal, minor contends (1) there was insufficient evidence to support his conviction for battery by gassing because the juvenile hall where he was confined did not qualify as a “local detention facility” within the meaning of section 243.9; and (2) the juvenile court failed to calculate his predisposition custody credits at the dispositional hearing. We agree with the parties that the record should be modified to reflect minor’s predisposition custody credits. We, however, reject minor’s remaining contention for the reasons explained below.
FACTUAL AND PROCEDURAL BACKGROUND
Minor has been the subject of two juvenile delinquency petitions—one in Orange County and one in San Bernardino County. In regard to the Orange County case, on July 30, 2012, minor admitted to committing oral copulation
on an incompetent person in a mental health facility (§ 288a, subd. (h)). In return, the remaining allegations were dismissed. Because minor’s adoptive mother resided in San Bernardino County, the matter was thereafter transferred to San Bernardino County for disposition.
On August 9, 2012, the San Bernardino County Juvenile Court accepted the case, and ordered minor be detained in juvenile hall pending further proceedings.
Minor was housed at the Central Valley Juvenile Detention and Assessment Center, a detention facility operated by the San Bernardino County Probation Department. The facility is used for the detention and confinement of minors and wards of the juvenile court. The facility could be used to detain minors and wards for over 24 hours.
On August 26, 2012, San Bernardino County Probation Officer Ana Amezcua-Amador was on duty at the detention facility. She was supervising minor, and directed minor to walk for physical exercise during his outdoor activity time. Minor reluctantly complied at first, but then stopped walking. Amezcua-Amador again told minor to walk; however, minor raised his middle finger at her. Amezcua-Amador told minor his behavior was unacceptable, and ordered him to return to his room. Minor spat on the ground and said, “‘That’s what I think of ...