In re S.M. CA5

Filed 11/12/24 In re S.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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F087638

Plaintiff and Respondent, (Super. Ct. No. 23JL-00130A)

v. OPINION S.M.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Merced County. Mark V. Bacciarini, Judge. Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Louis M. Vasquez, Amanda D. Cary, and Hannah Janigian Chavez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Peña, J. and Snauffer, J.

Minor S.M. contends on appeal that the juvenile court’s disposition order must be reversed and remanded because the court abused its discretion by finding her unsuitable for deferred entry of judgment (DEJ). The People disagree. We affirm. PROCEDURAL SUMMARY On December 6, 2023, a first amended juvenile wardship petition was filed, pursuant to Welfare & Institutions Code1 section 602, alleging minor had committed felony battery with serious bodily injury (Pen. Code, § 243, subd. (d); count 1). On December 6, 2023, minor was determined to be eligible for DEJ. Minor admitted count 1. Defense counsel stated she was admitting the count for DEJ purposes. On January 3, 2024, the probation department filed a report recommending minor be adjudged a ward of the court. On January 26, 2024, minor filed a disposition memorandum requesting DEJ (§ 790). On February 21, 2024, the juvenile court held a disposition hearing. The court found minor unsuitable for DEJ. Minor was adjudged a ward of the court. She was placed on probation for placement in her parents’ home. On February 21, 2024, minor filed a notice of appeal. FACTUAL SUMMARY2

“On October 24, 2023, at approximately 12:02 p.m., Merced County Sheriff Deputy De Los Santos was dispatched to Buhach Colony High School located at 1800 Buhach Road in Atwater for the report of a fight on campus..… De Los Santos contacted the victims, [R.G., A.L., and M.O.,] who were accompanied by the school nurse. [R.G.] reported that [P.C.], the minor, and [K.S.] confronted her, [A.L.], and [M.O.]. It was reported that [P.C.] yelled ‘f[***]ing scraps’ and the minor called [R.G.] a ‘b[****].’ [K.S.] displayed the number four … with her fingers. [R.G.] reported she