In re Alejandro O. CA2/4

Filed 5/13/14 In re Alejandro O. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

In re ALEJANDRO O., a Person B251542 Coming Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. JJ20081)

THE PEOPLE,

Plaintiff and Respondent,

v.

ALEJANDRO O.,

Defendant and Appellant.

APPEAL from a dispositional order of the Superior Court of Los Angeles County, S. Fumiko Wasserman, Judge. Affirmed. Stephen Borgo, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Alejandro O. (minor) appeals from an order of the juvenile court detaining him in juvenile hall pending a suitable placement. He contends the court abused its discretion in failing to consider the remedial steps he had voluntarily undertaken, and declining to place him at home on probation. Finding no error, we affirm. FACTUAL AND PROCEDURAL HISTORY On March 22, 2013, the prosecutor filed a two-count wardship petition under 1 Welfare and Institutions Code section 602, alleging that the minor committed battery on a school employee (Pen. Code, § 243.6) and public intoxication (Pen. Code, § 647, subd. (f)). The court referred the matter to the probation department for a section 654.2 pre-plea report. According to the probation officer’s report, on January 24, 2013, the minor was brought to the nurse’s office at his high school by school security because he appeared extremely intoxicated. After security left and the nurse was left alone with the minor, the nurse attempted to reach the minor’s mother by telephone, but had to leave a message. The minor then requested permission to go to the bathroom to throw up. At the same time, the minor’s mother called the nurse. The nurse answered the phone, turning her back briefly to the minor, whereupon the minor began hitting her in the back of her head with his fist. When she turned around, he struck her in the face, forehead, and upper body. Eventually, the nurse was able to get help. Police subsequently arrested the minor and took him to the hospital. After waiving his rights, he told the officers he drank a water bottle-sized container filled with tequila and rum that morning, after his mother dropped him off, but before school started.