Jacob H. v. Superior Court CA2/1

Filed 4/5/16 Jacob H. v. Superior Court CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JACOB H., a Minor, B266813

Petitioner, (Los Angeles County Super. Ct. Nos. TJ21169, TJ19922) v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

THE PEOPLE,

Real Party in Interest.

ORIGINAL PROCEEDING; petition for writ of mandate. Donna Q. Groman, Judge. Order to show cause discharged and petition denied. Samantha Buckingham, Patricia Soung, Center for Juvenile Law and Policy, for Petitioner. No appearance for Respondent. Jackie Lacey, District Attorney, Roberta Schwartz, Phyllis C. Asayama, and Matthew Brown, Deputy District Attorneys, for Real Party in Interest. ___________________________

Petitioner Jacob H. seeks review of the July 17, 2015 ruling of the juvenile court, declaring that he is competent to stand trial. Because the juvenile court’s ruling was supported by substantial evidence, we discharge the order to show cause and deny the petition. BACKGROUND 1 Jacob H. is a dependent of the juvenile court under Welfare and Institutions Code section 300, and in the present matter is the subject of three wardship petitions. The first petition was filed on August 27, 2014, pursuant to section 602, alleging one count of second degree robbery (Pen. Code, § 211), and one count of second degree commercial burglary (Pen. Code, § 459). The second petition was filed on February 11, 2015, alleging three counts of second degree robbery (Pen. Code, § 211), with allegations of gang and firearm enhancements (Pen. Code, §§ 186.22, subds. (b)(1)(C), 12022.53, subds. (b), (e)(1), 12022, subd. (a)(1)). While Jacob H. was detained at juvenile hall, a third petition was filed on July 8, 2015, alleging one count of arson of an inhabited structure (Pen. Code, § 451, subd. (b)), one count of threatening a public officer (Pen. Code, § 71), and one count of committing criminal threats (Pen. Code, § 422, subd. (a)). Prior to the three petitions at issue, the juvenile court presided over two additional wardship petitions, which were filed on August 20, 2013 and September 16, 2013, pursuant to section 602. On May 7, 2014, the juvenile court deemed Jacob H. incompetent to stand trial on the two prior petitions, due to mental and developmental disabilities. The court also determined that it was not substantially probable that Jacob H. would attain competency in the foreseeable future, making findings based on four reports: A report by Dr. Stephanie Marcy based on evaluations conducted on November 27, 2013, December 11, 2013, and January 28, 2014, finding Jacob H. to have an IQ of 56 and diagnosing Jacob H. with mild mental retardation and post-traumatic stress disorder; a report by Dr. Lyn Laboriel based on an evaluation conducted on April 4,