In re Jose C. CA2/7

Filed 3/14/16 In re Jose C. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JOSE C., a Person Coming Under the B264099 Juvenile Court Law. (Los Angeles County Super. Ct. No. KJ39135)

THE PEOPLE,

Plaintiff and Respondent,

v.

JOSE C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Geanene M. Yriarte, Judge. Affirmed. Lynette Gladd Moore, under appointment by Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent. ________________

A delinquency petition filed pursuant to Welfare and Institutions Code 1 section 602 alleged then-14-year-old Jose C. had committed the offense of bringing or possessing “a knife upon the grounds and within Olive Middle School” in violation of Penal Code section 626.10, subdivision (b). In fact, Penal Code section 626.10, subdivision (b), concerns weapons on public and private college and university campuses; subdivision (a) applies to elementary and secondary schools. After the People presented their evidence, defense counsel moved to dismiss the petition on the ground there was no proof Jose possessed a knife on a college campus. The People moved to amend the petition according to proof. The juvenile court permitted the amendment, sustained the petition as amended, declared Jose a ward of the court and ordered him home on probation. On appeal Jose contends the amendment of the petition after the People had rested their case violated his right to due process. We affirm. FACTUAL AND PROCEDURL BACKGROUND The section 602 petition alleged on January 14, 2015 Jose had committed the offense of bringing or possessing a weapon on school grounds in violation of Penal Code section 626.10, subdivision (b), by bringing and possessing a knife “upon the grounds of, and within, Olive Middle School.” At the jurisdiction hearing Felipe Corral, the Baldwin Park Unified School District custodian assigned to Olive Middle School, testified he saw Jose, a student at the middle school, on January 14, 2015 and noticed a knife handle protruding from his pocket. Corral asked Jose to give him the knife, and Jose complied. Asked why he brought the knife to school, Jose stated he had wanted to show it to his friends. The knife was admitted into evidence for the court to examine. After Corral testified, the People rested their case. The defense then moved pursuant to section 701.1 to dismiss the case because the People had failed to prove the