In re Devon R. CA4/3

California Court of Appeal Jun 10, 2013 No. G045776Unpublished

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Holding. The court held that the juvenile court was not required to dismiss the section 602 petition because the minor failed to successfully complete the conditions of his informal supervision program. Consequently, the court acted within its discretion to extend the supervision period and add a restitution condition.

Issues

Whether the juvenile court was required to dismiss the section 602 petition upon the expiration of the initial six-month informal supervision period.
Whether the juvenile court had the discretion to modify the terms of informal supervision to include a restitution requirement.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Devon did not successfully complete his six-month supervision period and the court therefore was not obligated to dismiss the petition.”

“If the minor has not fulfilled the conditions by the end of the six-month period the court may extend the period of informal probation for the minor to do so.”

“Under the circumstances of this case, we conclude the court acted within its discretion when it added a restitution condition to the extended section 654.2 supervision period.”

Filed 6/10/13 In re Devon R. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

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

THE PEOPLE, G045776 Plaintiff and Respondent, (Super. Ct. No. DL037806) v. OPINION DEVON R.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer and Jacki C. Brown, Judges. Affirmed. Suzanne G. Wrubel, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Vincent P. LaPietra, Deputy Attorneys General, for Plaintiff and Respondent.

* * *

Minor Devon M. appeals a true finding in juvenile court of misdemeanor battery (Pen. Code, § 242), which resulted in the court placing Devon on probation for six months. Devon claims he successfully completed a six-month period of informal 1 supervision under Welfare and Institutions Code sections 654 and 654.2. According to Devon, this fact necessitated the dismissal of the pending section 602 petition prior to his trial. We disagree with Devon’s characterization of the record and affirm the judgment. Devon did not successfully complete his six-month supervision period and the court therefore was not obligated to dismiss the petition.

FACTS

The underlying incident occurred aboard a bus on February 11, 2010. Jane Doe, 15 at the time of the incident, was returning home from school. She was sitting next to a classmate named Ricardo. Devon, 14 at the time of the incident, was also on board the bus. Devon had previously harassed Jane Doe at school (i.e., calling her derogatory names, using sexually explicit language). Devon grabbed Ricardo’s hand. According to Jane Doe, Devon placed Ricardo’s hand on Jane Doe’s breast and at the same time squeezed Jane Doe’s breast. According to Devon, he pulled on Ricardo’s hand such that when Ricardo struggled to get free his hand made contact with Jane Doe’s breast. Devon denied touching or squeezing Jane Doe’s breast.

In re Devon R. CA4/3

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

FACTS

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DISCUSSION

DISPOSITION

IKOLA, J.

RYLAARSDAM, ACTING P. J.

MOORE, J.

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