In re R.T. CA5

Filed 5/3/21 In re R.T. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re R.T., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F080525

Plaintiff and Respondent, (Super. Ct. No. JW136487-00)

v. OPINION R.T.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Cynthia L. Loo, Referee. Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Lewis A. Martinez and Amanda D. Cary, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Franson, J. and Meehan, J.

Minor, R.T., appeals from a disposition order adjudging him a ward of the juvenile court, placing him on probation, and committing him to the Kern Crossroads Facility based upon the true finding that the minor committed assault with a deadly weapon. (Welf. & Inst. Code, § 602, subd. (a).) He contends that (1) there was insufficient evidence for the juvenile court to have found true the assault with a deadly weapon allegation against him and (2) the court failed to make required educational findings prior to ordering out-of-home placement. The People disagree with the minor’s first contention but agree with the minor’s second contention. We affirm the disposition but remand to the juvenile court for findings and orders under rule 5.651(b)(2) of the California Rules of Court1 regarding the minor’s special educational needs. PROCEDURAL SUMMARY On September 24, 2019,2 the Kern County District Attorney filed a wardship petition (Welf. & Inst. Code, § 602, subd. (a)), alleging the minor committed assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1);3 count 1). The petition further alleged that the minor inflicted great bodily injury upon the victim in the commission of the offense (§ 12022.7, subd. (a)). On December 16, the juvenile court found the petition true. On December 31, the juvenile court concluded the minor’s offense was a felony. The minor was then adjudged a ward of the juvenile court, placed on juvenile probation for a period not to exceed his 21st birthday, and committed to the Kern Crossroads Facility. On the same date, the minor filed a notice of appeal.