In re Clayton I. CA3

Good Law
Court of Appeal of CaliforniaJuly 11, 2013C071894California604 words

Opinion

Opinion

FACTS AND PROCEEDINGS

According to the probation report, the 12-year-old minor became angry with his mother, grabbed two butcher knives, and came at her, yelling “I’m going to kill you, fucking bitch.” After the mother fought off the minor and escaped injury, the minor ran to his school, where he tried to assault the school principal. The minor was charged in an amended wardship petition with three felony counts of assault with a deadly weapon, one felony count of making criminal threats, one felony count of possessing knifes on school grounds and one misdemeanor vandalism charge. Pursuant to negotiations, the minor ultimately admitted the allegation he “did commit a felony, a violation of Section 422 of the Penal Code in that said minor did willfully and unlawfully threaten to commit a crime . . . .” Prior to accepting the minor’s admission, the trial court informed him that the maximum possible period of confinement was three years. The juvenile court then dismissed the remaining charges, and proceeded immediately to disposition. The minor was made a ward of the court and placed on probation subject to (among others) being put in a suitable placement.

DISCUSSION

The parties…

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