In Re Lb

In May 2008 an amended petition was filed, alleging that minor L.B., age 15, came within the provisions of Welfare and Institutions Code section 602 in that she committed three misdemeanors: battery on a school employee (Pen. Code, § 243.6—count one), use of unlawful force on T.B. while on school property (Pen. Code, § 243.2, subd. (a)—count two), and possession of a knife on school property (Pen. Code, § 626.10, subd. (a)—count three). [1]

At that time, the juvenile court (Referee Lindsey) and the minor's counsel expressed doubt as to the minor's competency to stand trial. Proceedings were suspended and an evaluation was ordered.

In September 2008, following a contested competency hearing, the court (Judge Thorbourne) found the minor competent to stand trial. In December 2008 and January 2009 the minor's counsel again expressed doubts about her competency and requested that the court do likewise. The court (Referee Chrisman and Judge Thorbourne) denied both requests.

On January 6, 2009, following a contested jurisdiction hearing, the court (Judge Thorbourne) found true and sustained all three counts. The court set the maximum period of confinement at one year four…