In re C.H. CA2/6

Filed 3/1/23 In re C.H. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 C.H., a Person Coming 2d Juv. No. B320051 Under the Juvenile Court Law. (Super. Ct. No. PJ53380) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

C.H.,

Defendant and Appellant.

Under Welfare and Institutions Code section 786,1 a minor who satisfactorily completes probation is entitled to dismissal of a section 602 wardship petition and the automatic sealing of all records pertaining to the petition. C.H. appeals the juvenile

All statutory references are to the Welfare and 1

Institutions Code unless otherwise indicated.

court’s order finding his performance on probation unsatisfactory and declining to dismiss his two section 602 petitions and seal his records. The court based its decision on C.H.’s use of marijuana while on probation and his failure to enter a drug treatment program as directed by the court and probation. We affirm. PROCEDURAL HISTORY2 In February 2020, a section 602 wardship petition was filed against C.H., alleging the felonious possession of metal knuckles (Pen. Code, § 21810), misdemeanor trespass (id., § 602, subd. (m)), and misdemeanor public intoxication (id., § 647, subd. (f)). Three months later, a second section 602 petition was filed, alleging the felonious taking or driving of a vehicle without consent (Veh. Code, § 10851, subd. (a)), and misdemeanor hit- and-run driving resulting in property damage (id., § 20002, subd. (a)). The juvenile court sustained the two felony allegations, i.e., possession of metal knuckles and the taking or driving a vehicle without consent. Initially, C.H. was placed at home on probation. At probation’s recommendation, C.H. was placed out of home for a period due to his drug and alcohol use and overall reckless behavior. In April 2021, C.H. was placed back home on probation. At a hearing on April 26, 2022, the juvenile court terminated its jurisdiction over C.H., who was no longer a minor, but denied C.H.’s request under section 786 to dismiss the petitions and seal his records. As detailed below, the court found C.H. had failed to satisfactorily complete probation, noting he