In re K.S. CA3

Filed 9/10/25 In re K.S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin) ----

In re K.S., a Person Coming Under the Juvenile Court Law. C102242 THE PEOPLE, (Super. Ct. No. JJC-JV-DE- Plaintiff and Respondent, 2023-0001684)

v.

K.S.,

Defendant and Appellant.

The minor, K.S., appeals a dispositional order after the juvenile court found she committed two counts of simple assault (Pen. Code, § 242; statutory section citations are to the Penal Code) and declared her to be a ward of the court (Welf. & Inst. Code, § 602). She contends: (1) the juvenile court erred in determining that simple battery (§ 242) was a lesser included offense of misdemeanor sexual battery (§ 243.4, subd. (e)(1)) and (2) this error violated her right to due process because the allegations against her did not include simple assault. We disagree and affirm the court’s order.

1

FACTS AND HISTORY OF THE PROCEEDINGS The minor attended high school with L.O., J.M., D.A, and A.G. during the 2022- 2023 school year. In March 2023, these students complained about the minor inappropriately touching them on the “ ‘legs, crotch, butt, and breasts’ ” while at school. In December 2023, the district attorney filed a wardship petition alleging K.S. had committed four counts of felony sexual battery by restraint (§ 243.4, subd. (a)). The minor denied the allegations, and the juvenile court granted the minor’s request not to be placed on deferred entry of judgment. The week before the contested jurisdictional hearing, the minor moved to reduce the felony sexual batteries (§ 243.4, subd. (a)) to misdemeanors (§ 243.4, subd. (e)(1)). (Welf. & Inst. Code, § 700.3.) At the outset of the contested jurisdictional hearing, the People concurred with the proposed amendments, and the juvenile court amended the wardship petition to allege four counts of misdemeanor sexual battery (§ 243.4, subd. (e)(1)). Following the close of evidence, the People argued misdemeanor sexual batteries had been established for L.O., J.M., and D.A. Conceding insufficient evidence as to A.G., the People asked the juvenile court to find that K.S. had committed simple battery (§ 242). In response, K.S. argued the evidence did not establish that she touched the victims for the purpose of sexual arousal or gratification. Further, battery was not a lesser included offense of sexual battery, and as an uncharged offense, was not a viable alternative for the court. The People countered that the juvenile court could use its “vast latitude” to act within the minor’s best interest and “amend the 243.4 to a 242.” The juvenile court reserved its ruling pending its determination of whether simple battery (§ 242) was a lesser included offense of sexual battery (§ 243.4) and invited the parties to submit briefing on the issue.