In re Marcus B. CA4/1

Filed 11/27/13 In re Marcus B. CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re MARCUS B., a Person Coming Under the Juvenile Court Law. D063319 THE PEOPLE,

Plaintiff and Respondent, (Super. Ct. No. J227648)

v.

MARCUS B.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Richard R.

Monroy, Judge. Affirmed.

Anna M. Jauregui-Law, by appointment of the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

A petition was filed alleging that Marcus B. fell within the meaning of Welfare

and Institutions Code section 602 because he violated Penal Code1 section 273.5,

subdivision (a), felony infliction of corporal injury on the mother of his child (count 1);

section 422, felony threats (count 2); and sections 236 and 237, subdivision (a), felony

false imprisonment (count 3).

On Marcus's motion, the court dismissed count 2. The court sustained the petition,

reducing count 3 to a misdemeanor. However, the court declined to reduce count 1 to a