In re A.O. CA3

Filed 11/20/20 In re A.O. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re A. O., a Person Coming Under the Juvenile C091509 Court Law. C091915

THE PEOPLE, (Super. Ct. Nos. JV140479, 52008780) Plaintiff and Respondent,

v.

A. O.,

Defendant and Appellant.

A November 2018 Welfare and Institutions Code section 602 petition was filed in the Placer County Juvenile Court, alleging the minor, A. O., then 14 years old, committed battery with serious bodily injury (Pen. Code,1 § 243, subd. (d) [count one]), a serious

1 Undesignated statutory references are to this code.

1

felony (§ 1192.7, subd. (c)(8)); assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4) [count two]), a serious felony (§ 1192.7, subd. (c)(8)), personally executed (§ 12022.7, subd. (a)), and a violent felony (§ 667.5, subd. (c)(8)); and conspiracy to commit a crime (§ 182, subd. (a)(1) [count three]), a serious felony (§ 1192.7, subd. (c)(8)), personally executed (§ 12022.7, subd. (a)), and a violent felony (§ 667.5, subd. (c)(8)). The minor was detained in this matter as of November 15, 2018. At the detention hearing, the minor denied the allegations and was ordered to remain detained. He subsequently admitted to count one, as a misdemeanor, and the remaining two counts were dismissed in the interests of justice. He was released home on probation. Following the disposition hearing, the minor was ordered to remain at home on probation pursuant to a series of probation conditions and to serve 30 days of time in juvenile hall and was awarded 30 days of predisposition custody credits. The minor was also ordered to pay a restitution fine of $50 pursuant to Welfare and Institutions Code section 730.6, subdivision (b). In November 2019, a second Welfare and Institutions Code section 602 petition was filed in the Sacramento County Juvenile Court alleging that the minor committed a lewd and lascivious act upon a child under the age of 14 (§ 288, subd. (a)), a serious felony (§ 1192.7, subd. (c)). The minor was detained. At the subsequent detention hearing, the minor was ordered to remain detained. A notice for violation of probation pursuant to Welfare and Institutions Code section 777 was also filed the same day in Placer County Juvenile Court. The minor denied the allegations against him. A first amended petition was filed adding a second count of the same violation to the petition. At the Welfare and Institutions Code section 790 determination hearing, the minor was determined by the court to be unsuitable for deferred entry of judgment. At a contested jurisdiction hearing, the victim, a minor under the age of 14, testified that during what began as a mutual encounter, the minor put his hand inside of her pants far enough that he was able to insert his fingers inside of her while she