In re Ethan M. CA2/8

Filed 3/13/24 In re Ethan M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re Ethan M., a Person Coming B326562 Under the Juvenile Court Law.

THE PEOPLE, (Los Angeles County Super. Ct. No. NJ30504) Plaintiff and Respondent,

v.

ETHAN M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Terry Truong, Commissioner. Conditionally reversed and remanded with directions. Mary Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Wyatt E. Bloomfield and Stefanie Yee, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________

INTRODUCTION Ethan M. appeals from the juvenile court’s order of wardship following a sustained Welfare and Institutions Code 1 section 602 petition that alleged one count of robbery (Pen. Code, § 211). At the dispositional hearing, the juvenile court found that Ethan was ineligible for informal, non-wardship probation (§ 725, subd. (a)) based on the nature of the offense, declared him a ward of the court, and placed him at home on formal probation. On appeal, Ethan contends, and the Attorney General concedes, that the juvenile court was unaware of its discretion to order informal probation, and that the matter should be remanded for the court to exercise its informed discretion. We agree. Therefore, we conditionally reverse the order of wardship, and remand for the juvenile court to conduct a new dispositional hearing in accordance with this opinion. FACTUAL AND PROCEDURAL BACKGROUND On March 2, 2022, the Orange County District Attorney filed a section 602 petition, alleging that Ethan committed the offense of second degree robbery. Ethan admitted the allegation, and the juvenile court sustained the petition. Because Ethan resided in Los Angeles County, the court transferred the case to that county for disposition. According to a predisposition probation officer’s report, the offense occurred when Ethan and another minor, E.K., entered a convenience store. While E.K. tried to distract the store clerk, Ethan yelled out, “I’m strapped,” and raised his shirt to expose a