In re Amaya B. CA2/7

Filed 8/10/15 In re Amaya B. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re AMAYA B., a Person Coming Under B259770 the Juvenile Court Law. (Los Angeles County Super. Ct. No. TJ21473)

THE PEOPLE,

Plaintiff and Respondent,

v.

AMAYA B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Catherine J. Pratt, Juvenile Court Referee. Affirmed as corrected with directions.

Mary Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

__________________________________

FACTUAL AND PROCEDURAL BACKGROUND

After Amaya B. (then 13 years old) punched, kicked, and hit a middle school classmate with a belt, the People filed a petition alleging that she had committed assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). Amaya denied the allegation and filed a motion pursuant to Welfare and Institutions Code section 700.1 to suppress her statements to David Llamas, a Los Angeles School Police Officer, in which she admitted beating up J.J. (then 12 years old) after school. Amaya argued that Officer Llamas obtained her statements in violation of the Fourth Amendment. The court heard the suppression motion in conjunction with the jurisdiction hearing. Officer Llamas testified that he interviewed J.J. the day after the incident. J.J. said he saw his attacker during the assault but did not know her name. Nor was he able to find her photograph in the school yearbook. J.J. explained to the officer, however, that he had since learned from others that his attacker’s name was Amaya. Officer Llamas testified that he spoke to Amaya on the campus of the middle school. Before commencing the interview, Officer Llamas advised Amaya of her right to remain silent, to the presence of an attorney and, if indigent, to appointed counsel. (Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602].) Amaya waived her rights and made incriminating statements. Following argument by counsel, the juvenile court denied the motion to suppress and Officer Llamas’ testimony resumed. He testified Amaya admitted to him that she had beat up J.J. because he had called her names, and she described the assault in detail. J.J. also testified about the attack. Amaya presented no evidence in her defense. At the conclusion of the jurisdiction hearing, the juvenile court found the allegation true, declared the offense a felony, and sustained the petition. The court ordered Amaya home on probation and awarded her one day of predisposition credit. Amaya filed a timely notice of appeal, challenging the denial of her suppression motion.