In Re Jason G.
People v. Jason G.
Opinion
Opinion
Kline, J.
Jason G. (the minor) appeals from an order placing him on probation. He contends that the court improperly sustained an allegation that he escaped from a county facility within the meaning of Welfare and Institutions Code section 871. We agree and reverse the finding as to that charge.
Procedural and Factual Background
A petition filed May 26, 1995, and amended June 8, alleged that the minor (bom May 8, 1978) came within section 602 in that he had committed: count 1—misdemeanor battery of his father (Pen. Code, § 242); count 2 —misdemeanor possession of an opium pipe (Health & Saf. Code, § 11364); count 3—receiving stolen property (Pen. Code, § 496, subd. (a)); count 4— grand theft (Pen. Code, § 487, subd. (a)); and count 5—misdemeanor escape (§ 871).
On June 9, the trial court issued an arrest warrant because the minor had escaped from the facility known as “Daybreak.” The minor appeared on June 26, and the court recalled its bench warrant.
At the outset of the jurisdiction hearing on July 18, the district attorney dismissed count 2 of the petition. After hearing testimony, the court sustained counts 1, 4 (reduced to petty theft) and 5.