In re R.B. CA2/1

Filed 5/27/15 In re R.B. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re R.B., a Person Coming Under the B255002 Juvenile Court Law. (Los Angeles County Super. Ct. No. VJ43802)

THE PEOPLE,

Plaintiff and Respondent,

v.

R.B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Fumiko Hachiya Wasserman, Judge. Affirmed. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Deputy Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Analee J. Brodie, Deputy Attorney General, for Plaintiff and Respondent. ——————————

A minor argues the juvenile court abused its discretion when it found him unsuitable for deferred entry of judgment (DEJ) and instead declared him a ward of the court. We find no error and affirm. FACTUAL BACKGROUND On the afternoon of September 23, 2013, a high school security officer found appellant R.B. crouched behind a car in the school parking lot around 2:00 p.m., when appellant was supposed to be in class. The security officer escorted appellant to the vice principal’s office where appellant’s backpack was searched. A knife with a four-inch blade was found inside the backpack. PROCEDURAL BACKGROUND A Welfare and Institutions Code section 6021 wardship petition filed on December 5, 2013, alleged that appellant possessed a knife on school grounds in violation of Penal Code section 626.10, subdivision (a)(1), a felony. Appellant denied the allegation. The juvenile court denied appellant’s motion to suppress the knife recovered from his backpack. Appellant requested that the court reduce the alleged offense to a misdemeanor. The court granted that request and appellant admitted the truth of the allegation. The matter proceeded to disposition and the court sustained the petition. The court found appellant suitable for DEJ, pursuant to section 725. Nevertheless, the court declined to order DEJ and declared appellant a ward of the court under section 6022 and ordered him placed home on probation.