In re M.B. CA2/6

Filed 8/31/21 In re M.B. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

IN RE M.B., a Person Coming 2d Juv. No. B307531 Under the Juvenile Court Law. (Super. Ct. No. FJ56779) (Los Angeles County) _____________________________

THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff and Respondent,

v.

M.B.,

Defendant and Appellant.

“I’m going to bring a Glock 9 . . . to school tomorrow . . . and shoot you in the head.” M.B. appeals the juvenile court’s order sustaining a wardship petition charging him with making a criminal threat in violation of Penal Code section 422 (hereinafter section 422).

(Welf. & Inst. Code, § 602.) The court declared the offense a misdemeanor, placed appellant on six months’ probation without wardship, and ordered him released to a parent. Appellant contends the evidence is insufficient to support the finding that he made a criminal threat. We affirm. STATEMENT OF FACTS On September 5, 2019, appellant and E.M. were students at Burbank Community Day School. Appellant was 14 years old and E.M. was in the 11th or 12th grade. E.M. was acquainted with appellant, who told her he had been expelled from his previous school for bullying behavior. During a break period that morning, E.M. sat at a table with a group of her friends. Appellant was sitting at the same table across from her. E.M. said hello to appellant and tried to give him a “high-five,” but he said “no” and pushed her hand away. Appellant mentioned a fellow student named Valerie, then laughed and told E.M. in a monotone voice that “[i]f I was going to shoot up the school, she would be first, and then it would be you, and then everybody else.” No one at the table laughed at the statement. E.M. was scared, nervous, and confused. She told appellant that she was not sure if he was joking, that he was making her nervous, and that she “would not like him to say things like that because they can be a real dangerous threat.” Appellant responded by repeating the statement in a more serious tone with his fists clenched. E.M. told appellant: “If you say anything like that again, I will tell the school, and you’ve scared me, and I’m going to leave this table.” E.M. left the table, walked to her next class about 40 feet away, and waited outside the front door for the bell to ring. A