In re J.P. CA6

Filed 3/4/26 In re J.P. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re J.P., a Person Coming Under the H052783 Juvenile Court Law. (Santa Clara County Super. Ct. No. 24JV46614A)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.P.,

Defendant and Appellant.

The juvenile court sustained an allegation that the minor J.P. committed an act which, if committed by an adult, would constitute a criminal threat. J.P. contends on appeal that the evidence was insufficient to support the court’s finding. We reject the contention and will affirm the jurisdictional order. I. BACKGROUND A wardship petition alleged that J.P. threatened to commit a crime resulting in death or great bodily injury against another minor, D.C. (Pen. Code, § 422, subd. (a).) At the jurisdictional hearing, D.C. testified that she was walking home one day in September 2023 when she passed a group of people including J.P. D.C. did not know J.P. but recognized him and “Dopey,” another member of the group, as “southerners” who frequently targeted her with gang-related insults.

J.P. and Dopey were standing near a car with three other people, whom D.C. could not identify because they were wearing ski masks. The three masked members of the group stayed next to the car while J.P. and Dopey approached D.C. Dopey approached her from the front while J.P. approached her from the back. They told D.C., “ ‘Fuck you, bitch’ ” and “ ‘Fuck your family.’ ” D.C. thought she was “going to get jumped” and was afraid for her safety. When she turned around to walk away, she saw J.P. pointing a gun at her head. While J.P. pointed the gun at her, Dopey made comments including “ ‘Oh, just shoot her’ ” and “ ‘Do it.’ ” Believing she was about to be shot, D.C. ran away. D.C. acknowledged on cross-examination that when she was interviewed by the police the day after the incident, she told them Dopey was the one with the gun and J.P. was the one who verbally threatened her. On redirect examination, D.C. explained, “I just must have got their names mixed up that day because I don’t – didn’t know who they were exactly. Just knew them by their gang names.” She confirmed that J.P. had pointed a gun at her while Dopey spoke. She testified Dopey made numerous comments including “ ‘Buster bitch, we’re going to kill you,’ ” and J.P. did not say anything during the incident. The juvenile court found that D.C. was not “completely unbelievable, even though there was some inconsistency in her testimony.” Based on D.C.’s various descriptions of the incident, the court found beyond a reasonable doubt that J.P. had committed the alleged offense as either a direct perpetrator (if he had verbally threatened D.C.) or an aider and abettor (if he had pointed the gun at her without saying anything). The court exercised its discretion to deem the “wobbler” offense a felony. At the dispositional hearing, the court declared J.P. a ward of the court and placed him on probation. II. DISCUSSION J.P. argues the evidence was insufficient to support the juvenile court’s finding that he threatened or assisted in threatening to commit a crime resulting in death or great bodily injury. His contention is subject to the same substantial evidence standard 2