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In re Jose O.

California Court of Appeals, First District, First Division

December 9, 2014

In re JOSE O., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent,
v.
JOSE O., Defendant and Appellant.

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

Mendocino County Superior Court No. SCUK-JDSQ-14- 1688302-002 Honorable Cindee F. Mayfield

Page 129

COUNSEL

Maggie Shrout, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Assistant Attorney General, Eric D. Share and Christina vom Saal, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

Humes, P. J.

Jose O. challenges juvenile court orders dismissing dependency jurisdiction under Welfare and Institutions Code section 300, finding he committed the misdemeanors of contributing to the delinquency of a minor, simple battery, and obstructing or resisting a peace officer, and declaring him a ward of the court under Welfare and Institutions Code section 602.[1] He argues (1) the juvenile court abused its discretion by treating him as a delinquent instead of preserving his status as a dependent and (2) insufficient evidence was presented that he contributed to the delinquency of a minor. In

Page 130

the unpublished portion of this opinion, we conclude that the court properly treated Jose as a delinquent. In the published portion of this opinion, we agree there was insufficient evidence he contributed to the delinquency of a minor. Accordingly, we reverse that finding and remand for a further disposition hearing but otherwise affirm the judgment.

I. Factual and Procedural Background

Jose’s family has a long history of involvement in the child-welfare system, and Jose became a dependent of the Mendocino County juvenile court in 2008. He was eventually placed in a group home in Antioch, from which he ran away in September 2013.

The following month, the Mendocino County District Attorney’s Office filed a wardship petition under section 602, subdivision (a) alleging that Jose, who had recently turned 15 years old, had committed the misdemeanor of contributing to the delinquency of a minor and the felonies of battery for the benefit of a gang and participation in criminal street gang activity.[2] A subsequent wardship petition filed in January 2014 alleged an additional misdemeanor count of resisting or obstructing a peace officer.[3]

At the detention hearing, the juvenile court noted that Jose was a dependent and ordered the county probation and social services departments to prepare a section 241.1 report on whether dependency or delinquency jurisdiction was more appropriate. The departments’ report recommended that the court assume delinquency jurisdiction over Jose. After considering the report and the parties’ arguments, the court found that Jose’s ...


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