In re J.D.

Filed 3/25/25 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re J.D., a Person Coming 2d Juv. No. B338111 Under the Juvenile Court (Super. Ct. No. 2024007054) Law. (Ventura County)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.D.,

Defendant and Appellant.

J.D. appeals from the trial court’s order denying her motion to dismiss a juvenile Welfare and Institution section 602 petition pursuant to Penal Code section 6541 and Kellett v. Superior Court (1966) 63 Cal.2d 822 (Kellett)). We affirm.

1 All undesignated statutory references are to the Penal Code.

Factual and Procedural Background On March 24, 2023, at approximately 2:30 p.m., Officer Heather Straup of the Ventura Police Department, responded to the Pacific View Mall in response to the reported theft of a cell phone from a minor, Mia M. Mia was sitting with friends on the first floor of the mall when appellant approached the group, took Mia’s cell phone, and walked away. Mall surveillance video recorded the theft. Mia identified appellant as the thief. That same day, at approximately 5:00 p.m., Officer Straup again responded to the Pacific View Mall to investigate an assault of a minor, Priscilla E. Priscilla was sitting in a chair on the second floor of the mall when appellant and three cohorts attacked her and took her cell phone. Mall surveillance video showed appellant jumping on Priscilla and punching her in the head and body. She identified appellant as one of the assailants. This incident occurred approximately 30 minutes after the theft of Mia’s cell phone. In July 2023, the Ventura County District Attorney’s office filed a juvenile petition in case number 2023017260, charging appellant with the theft of Mia’s cell phone (§ 484, subd. (a)). In February 2024, appellant admitted the theft and was placed on probation. In March 2024, the Ventura County District Attorney’s office filed a subsequent juvenile petition in case number 2024007054, charging appellant with various new offenses including felony assault (§ 245, subd. (a)(4), count 1) for the attack on Priscilla.