In re K.J. CA1/2

Filed 6/26/13 In re K.J. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

In re K. J., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A135231 K. J., (Sonoma County Defendant and Appellant. Super. Ct. No. 36990J)

I. INTRODUCTION In January 2012, appellant, already declared to be a ward of the court for admitted charges of battery on a peace officer and resisting and obstructing another such officer, as well as another charge of burglary, was adjudged a ward of the court and the court also issued an order denying him visitation rights with his parents. He appeals, but (1) on a basis not asserted in the juvenile court and (2) provides a very incomplete record. In any event, we affirm the juvenile court’s judgment, including its dispositional order. II. FACTUAL AND PROCEDURAL BACKGROUND On the morning of March 3, 2011, a Sonoma County sheriff’s deputy was dispatched to a Sebastopol residence after the mother of appellant, then almost 17, reported that he and his younger brother had run away from the Valley of the Moon children’s home and were inside her residence. When the deputy went inside the house

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to try to get the two youths, they became belligerent, requiring the deputy to handcuff appellant, who even then tried to leave the house, and had to be restrained by both the deputy and the mother. Appellant declared that he “hated his mother” and would not return to the Valley of the Moon home. In the course of his altercation with appellant, the deputy fell to the ground and suffered a concussion, lacerations to his fingers, and sprained fingers. However, he was eventually able to restrain appellant, and other deputies arrived to place appellant under arrest. These events resulted in a petition being filed under Welfare and Institutions Code section 602, subdivision (a),1 on July 13, 2011. A few weeks later on July 26, 2011, a similar petition was filed regarding events of April 18, 2011. On that date, Sonoma sheriffs deputies were dispatched to a delicatessen in Sebastopol because of a report of a suspected robbery. A clerk told the deputies that he had first heard bottle noises coming from near the cash register, and then went closer to that area, where he saw a person wearing a black ski mask over his face. That person took four bottles of vodka off the shelf and ran out without paying for them. Via information supplied by multiple callers, the deputies traced the burglar to appellant’s home, where they found his younger brother and the mother. The brother said that appellant had taken the vodka. The mother told them that this did not surprise her, because the family had been “going through recent turmoil” in view of her disability, the father’s removal from the home by Child Protective Services, and her two sons’ behavior. On November 3, 2011, appellant admitted the allegations of both petitions. On November 23, 2011, appellant was declared a ward of the court, and the juvenile court determined that the county’s Human Services Department should be the lead agency regarding him under section 300 et seq. On January 9, 2012,2 yet more events involving appellant occurred, events resulting in a section 602, subdivision (a), petition being filed on January 11, 2012, by the Napa County District Attorney. It alleged four counts, namely, resisting an executive