In re J.H. CA1/3

Filed 7/23/15 In re J.H. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

In re J.H., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A142899 J.H., (Sonoma County Defendant and Appellant. Super. Ct. No. 28851J)

This is an appeal from the dispositional order entered in juvenile delinquency proceedings involving minor J.H. after the juvenile court found him in violation of the terms of the grant of deferred entry of judgment (DEJ) he received pursuant to Welfare and Institutions Code section 790 et seq.1 Minor challenges the sufficiency of the

1 “The DEJ provisions of [Welfare and Institutions Code] section 790 et seq. were enacted as part of Proposition 21, The Gang Violence and Juvenile Crime Prevention Act of 1998, in March 2000. The sections provide that in lieu of jurisdictional and dispositional hearings, a minor may admit the allegations contained in a section 602 petition and waive time for the pronouncement of judgment. Entry of judgment is deferred. After the successful completion of a term of probation, on the motion of the prosecution and with a positive recommendation from the probation department, the court is required to dismiss the charges. The arrest upon which judgment was deferred is deemed never to have occurred, and any records of the juvenile court proceeding are sealed. ([Welf. & Inst. Code], §§ 791, subd. (a)(3), 793, subd. (c).)” (Martha C. v. Superior Court (2003) 108 Cal.App.4th 556, 558.)

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evidence supporting the juvenile court’s finding. Having reviewed the record, we disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND On October 31, 2013, a juvenile wardship petition was filed pursuant to Welfare and Institutions Code section 602, subdivision (a) (the petition) alleging that minor committed felony vandalism exceeding $400 in violation of Penal Code section 594, subdivision (a).2 After minor was deemed eligible for DEJ, he admitted a single count of violating this Penal Code provision. The juvenile court then released him to the custody of his grandparents and ordered his participation in drug testing and school attendance. At a dispositional hearing held on November 27, 2013, the juvenile court declared minor a ward of the court and placed him in the home of his grandparents subject to certain terms and conditions. On December 6, 2013, at the request of the probation department, the court reconsidered this disposition, revoked and vacated minor’s wardship, and instead granted him DEJ subject to certain terms and conditions. On June 20, 2014, a Request for Entry of Judgment and Notice of Noncompliance (notice) was filed pursuant to section 793, subdivision (a). This notice alleged that minor had obstructed a public officer in violation of Penal Code section 148, subdivision (a)(1). On August 18, 2014, a contested hearing was held with respect to this alleged violation at which the following evidence was presented. On June 16 and 18, 2014, Santa Rosa Police Officer Paul Messerschmitt was acting as school resource officer for Montgomery High School. One of his duties in this role was to walk the school hallways to ensure students were in class. On June 16, the first day of summer school, Officer Messerschmitt encountered minor in the hallway on two or three occasions. Each time, after confirming minor was not carrying the requisite hall pass, Officer Messerschmitt instructed him to return to class. Minor, in turn, acted “very nonchalant, just kind of, yeah, whatever.”