In re Jeremiah C. CA1/4

Filed 10/31/14 In re Jeremiah C. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re JEREMIAH C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. JEREMIAH C., A140219 Defendant and Appellant. (Contra Costa County Super. Ct. No. J13-00991)

Jeremiah C. (Jeremiah), a minor, appeals after the juvenile court sustained an allegation that he made a criminal threat (Pen. Code,1 § 422). He contends there was no substantial evidence supporting the finding. We affirm the judgment. I. BACKGROUND The Contra Costa County District Attorney filed a petition under Welfare and Institutions Code section 602 alleging Jeremiah made a criminal threat toward his mother and committed battery upon her. After a contested jurisdiction hearing, the juvenile court sustained both allegations and reduced the criminal threat to a misdemeanor (§ 422). Following the disposition hearing, the juvenile court adjudged Jeremiah a ward of the

1 Unless otherwise indicated, all further statutory references are to the Penal Code.

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court and placed him on probation under the custody of his parents. On appeal, the issue is whether there was sufficient evidence to sustain the allegation of a misdemeanor criminal threat. In late August 2013, Jeremiah lived at home with his mother (M.L.), his stepfather, his brother, and his sister. On August 20, 2013, Jeremiah had a loud argument with M.L. and his stepfather, and M.L. called 911. When Officer Wilkerson arrived at the scene, M.L. was very agitated and told the officer that she was extremely frustrated because Jeremiah had not been listening to her and had been disrespectful towards her. M.L. complained to the officer that Jeremiah had been a “disruption” to the household since returning home from living with other relatives and she did not want him in the house any longer. No arrest was made on that day. The next day, August 21, 2013, Jeremiah took BART home from school and arrived at the BART station, three miles from his home, around 4:00 p.m. Jeremiah called his house and spoke to his brother to see if M.L. could pick him up from the BART station. His brother was in the bathroom and told Jeremiah that he could not give M.L. the message. Jeremiah was angry because he had to walk home. When Jeremiah arrived home, his brother was watching television in the living room. His sister was also in the living room. Jeremiah immediately walked up to his brother and started yelling and cursing. His brother stood up and M.L. got between the brothers. Jeremiah, who is six feet three inches tall and weighs 180 pounds, “tried to swing” at his brother and according to M.L. hit her instead. Jeremiah continued screaming and said that he “hated” them. Jeremiah’s stepfather came into the living room during the altercation and tried to get the brother and sister out of the room. He and M.L. were “trying to make sure [the sister] was out of harm’s way.” M.L. grabbed the back of Jeremiah’s shirt and got him out of the house. Once outside, Jeremiah said to M.L., “I’m going to shoot up the place. I don’t care if anyone here gets murdered.” M.L. called the police.