In re Jacob C. CA4/3

Filed 4/18/14 In re Jacob C. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re JACOB C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G048277 Plaintiff and Respondent, (Super. Ct. No. DL044305) v. OPINION JACOB C.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Cheryl L. Leininger, Judge. Affirmed. William G. Holzer for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Warren Williams, Deputy Attorneys General, for Plaintiff and Respondent.

Jacob C., a minor, appeals from the juvenile court order of wardship (Welf. & Inst. Code, §§ 602, 725)1 based on the finding he violated Penal Code section 242 (battery), a misdemeanor. He was placed on home probation in the custody of his father, subject to certain terms and conditions. On appeal, Jacob maintains the court abused its discretion by declaring him a ward of the court, and instead should have placed him on non-wardship probation. (§ 725, subd. (a).) We affirm the juvenile court’s order. I Sixteen-year-old Jacob was living with his mother (hereafter Mother) and younger brother (hereafter Brother). On March 3, 2013, Mother did not want Jacob to play on his Xbox video game console. In Jacob’s bedroom, they got into an argument and Mother attempted to take the game console’s power cord. The argument escalated and the pair began yelling and tugging on opposite ends of the cord. Jacob slapped Mother on the forehead. Brother saw the slap and heard Mother angrily ask Jacob, “‘Why?’” and “‘I didn’t hit you.’” This prompted 15-year-old Brother to intervene and push the pair apart. Mother left the room and went downstairs. Brother said he called 911 within five minutes because Jacob would not calm down. Brother saw Jacob walk around the house and push items over, dumping things on the ground. He reported to the police dispatcher that Jacob was being aggressive and hit Mother. He also stated Jacob had been smoking marijuana, and he used marijuana daily. Brother said Jacob left the house after he called 911. Approximately 10 minutes later, Deputy Brandi Campbell arrived at the home and noticed red marks on Mother’s forehead. Campbell spoke with Brother, who stated he tried to calm Jacob down, but he was afraid and called the police. Mother signed a private person’s arrest